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PEOPLE v. STEELE

No. B134069.

99 Cal.Rptr.2d 458 (2000)

83 Cal.App.4th 212

The PEOPLE, Plaintiff and Respondent, v. Tom STEELE, Jr., Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

Review Denied December 13, 2000.

Attorney(s) appearing for the Case

Jerald W. Newton, Sedona, Az., under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Gary W. Schons, Laura Whitcomb Halgren and Steven T. Oetting, Deputy Attorneys General, for Plaintiff and Respondent.

NOTT, J.

From 1911 to 1965, at least four published appellate court decisions decided that brandishing a firearm was not a lesser included offense to assault with a deadly weapon (firearm).1 Without discussion, our Supreme Court in 1967 ignored those cases and impliedly held the reverse. (People v. Wilson (1967) 66 Cal.2d 749, 764,

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