California Court of Appeal

Defendant did not impliedly consent to conviction of a lesser related offense. Having acquitted him of attempted murder and all lesser included offenses, the trial court thereafter lacked jurisdiction to convict him of attempted voluntary manslaughter.

Appellate Information

• Decided 03/29/2004
• Published 04/28/2004

Judges

•  KLEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters, Supervising Deputy Attorney General, and Timothy M. Weiner, Deputy Attorney General, for Plaintiff and Appellant., Steve Cooley, District Attorney, Patrick D. Moran and Brent Riggs, Deputy District Attorneys, as amicus curiae.


• For Appellees:
  
•  John L. Staley, Pleasanton, under appointment by the Court of Appeal, for Defendant and Appellant.