CHILDREN AND THE LAW
...Delinquency Matters
......Jurisdictional Hearing
.........Findings & Orders
............Lesser Included Offenses
4 Cards On This Topic:

M cannot violate both PC §245(a)(4) assault [by force likely to produce GBI] and PC §245(a)(1) assault [with a DW or instrument other than a firearm] as the elements of the former are necessarily included in the latter.

Student charged with fighting on school grounds could not be declared a ward of court based on fighting in a public place; PC 415.5 is a special statute preempting PC 415, which is not a lesser included offense thereof.

Attempted murder, robbery, car theft, receiving stolen property, and mayhem not necessarily included offenses of street terrorism; counsel’s failure to request bifurcation of gang count and enhancement caused no prejudice to D.

True finding of assaulting V with a firearm reversed as it was lesser included offense of discharging firearm from vehicle at V and was not supported by facts independent of firearm discharge count.