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Name: People v. Parks
Case #: B165435
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 03/29/2004
Subsequent History: Mod. opn. 4/28/04
Summary

Parks was charged with attempted murder, and waived jury. The trial court acquitted him of attempted murder but found him guilty of assault with a firearm. Parks objected, because assault with a firearm is not a lesser included offense of attempted murder; one month later the trial court amended its verdict to reflect a conviction of attempted voluntary manslaughter, which is a lesser included offense of attempted murder. The appellate court here reversed. Assault with a firearm is not a lesser included offense of attempted murder, and Parks did not give express or implied consent to a conviction on a lesser related offense. Acquittal on attempted murder also constituted an acquittal of all lesser offenses included within attempted murder. The trial court’s attempt to fix the error by entering a conviction of attempted voluntary manslaughter was unavailing.