Lesser-Included Offenses

There is no bar to conviction for both carrying a concealed firearm in violation of Penal Code section 12025, subdivision (b)(6) and carrying a loaded firearm in a public place in violation of Penal Code section 12031, subdivision (a)(2)(F). The…

Gross negligent discharge of a firearm is a lesser included offense of willful discharge of a firearm at a building or vehicle. Resolving a split among Courts of Appeal, the Supreme Court held that a violation of Penal Code section…

Sexual battery is not a lesser included offense of sexual battery by fraudulent representation. A jury convicted appellant of sexual battery by fraudulent representation (Pen. Code, sec. 243.4, subd. (c)) and attempted sexual battery by fraudulent representation, both of the…

Aggravated assault is not a lesser included offense of involuntary manslaughter. Appellant contended he could not be convicted of both involuntary manslaughter and aggravated assault because the latter is a lesser included offense in the former. Citing People v. Reed…

Penal Code secs 1181, subdivision 6, and 1260, do not authorize an appellate court to modify a judgment to reflect convictions for two lesser included offenses upon finding insufficient evidence of a single greater offense. While fleeing from police, appellant…