California Court of Appeal

Defendant's conviction for attempted murder and shooting at an occupied motor vehicle is affirmed where defendant's argument that under Apprendi v. New Jersey, the gun enhancement allegations in the accusatory pleading required the trial court to instruct the jury regarding assault with a deadly weapon as a lesser included offense of attempted murder is without merit. Thus, the trial court did not err in declining to instruct on assault with a deadly weapon as a lesser included offense of attempted murder.

Appellate Information

• Decided 10/23/2012
• Published 10/23/2012

Judges

• Manella

Court

• California Court of Appeal

Counsel