PEOPLE v. MYERS

Docket No. 12098.

125 Cal.App.3d 735 (1981)

178 Cal. Rptr. 259

THE PEOPLE, Plaintiff and Respondent, v. EARL MARLOW MYERS et al., Defendants and Appellants.

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

November 16, 1981.


Attorney(s) appearing for the Case

COUNSEL

Eric A. Andrus and Carlo Andreani, under appointments by the Court of Appeal, for Defendants and Appellants.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Patricia D. Benke and Richard D. Hendlin, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GARDNER, P.J.

In this case we hold that a trial court may consider enhancement allegations in determining whether the accusatory pleading alleges an included offense. More importantly, we request that the Supreme Court grant a hearing in this case in order to resolve a troublesome conflict on this issue which has arisen between divisions of the Courts of Appeal.

Charged with attempted murder, the defendants were found...

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