What is the test for reducing a criminal conviction to a lesser degree?
California, United States of America
The following excerpt is from People v. Cruz, E060552 (Cal. App. 2015):
convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein . . . ." ( 1181, subd. (6), italics added.) However, a court exceeds its authority under this subdivision if it reduces a conviction to any offense other than a lesser included offense, including a lesser related offense. (People v. Lagunas (1994) 8 Cal.4th 1030, 1039-1040.)
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