(Download) "People v. Licas" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Licas
- Author : Colorado Supreme Court
- Release Date : January 18, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Is the crime of assault with a firearm (Pen. Code, 245, subd. (a)(2)) a lesser included offense of shooting at another person from a vehicle (Pen. Code, 12034, subd. (c))? In a published opinion, the Court of Appeal here held that the assault offense is not a lesser included offense of shooting from a vehicle; the latter offense does not include the element that the shooter have a "present ability" to commit a violent injury on another person, a requirement of the offense of assault with a firearm. On the other hand, in In re Edward G. (2004) 124 Cal.App.4th 962 (Edward G.), the Court of Appeal came to the opposite conclusion. We granted review to resolve the conflict.
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