IN RE DAVID S.

Docket No. 42898.

148 Cal.App.3d 156 (1983)

195 Cal. Rptr. 754

In re DAVID S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. DAVID S., Defendant and Appellant.

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

October 20, 1983.


Attorney(s) appearing for the Case

COUNSEL

Robert J. Herman and J. Jeffrey Herman for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Daniel J. Kremer, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

STEPHENS, J.

Appellant, David S., a minor who falls within the provisions of section 602 of the Welfare and Institutions Code, contends that assault with a deadly weapon (Pen. Code, § 245, subd. (a)) is not a necessarily lesser included offense within a charge of attempted murder (Pen. Code, §§ 664/187). It is unnecessary to set forth the facts except to note that appellant and several other minors were involved...

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