California Court of Appeal

A trial court may look to the overt acts pleaded in a charge of conspiracy to determine whether the charged offense includes the lesser included offense.

Appellate Information

• Decided 08/22/2001
• Published 08/22/2001

Judges

• BLEASE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Kyle Gee, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant Matthew Loren Cook., Mark L. Christiansen, under appointment by the Court of Appeal, Granite Bay, for Defendant and Appellant Anthony Soloman Lozo., Marcia C. Levine, under appointment by the Court of Appeal, Truckee, for Defendant and Appellant Darrion Gains., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Stephen G. Herndon, Supervising Deputy Attorney General, Shirley A. Nelson, Acting Supervising Deputy Attorney General, Maureen A. Daly, Deputy Attorney General, for Plaintiff and Respondent.