Supreme Court of California

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People v. Bailey, S187020

After finding insufficient evidence to support a conviction for escape from state prison, an appellate court may not reduce the conviction to attempt to escape, notwithstanding the trial court's failure to instruct the jury on attempt, because attempt to escape is not a lesser included offense of escape, as attempt to escape contains a specific intent element not present in escape.

Appellate Information

  • Decided 07/12/2012
  • Published 07/12/2012

Judges

  • CHIN

Court

  • Supreme Court of California

Counsel