California Court of Appeal

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People v. Licas, G034891

Assault with a firearm is not a lesser included offense of shooting from a vehicle since the offense of shooting from a vehicle 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.

Appellate Information

  • Decided 11/29/2005
  • Published 11/29/2005

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Christopher Blake, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, and Gary W. Schons, Assistant Attorney General, for Plaintiff and Respondent.
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