Tag Archives: sexual offenses


Lesser Included Offenses: Accusatory Pleading Test – Consideration of Evidence from Probable Cause Showing
March 14th, 2017

People v. Ortega (2015) 240 Cal.App.4th 956, 967 held that: “Due process principles of fairness, and defendant’s right to be prosecuted only on the noticed charges consistent with the probable cause showing supporting the accusatory pleading, compel us to agree that sexual battery is a lesser included offense of forcible sexual penetration where, as here, […]


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