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IN RE DANIEL R.

Docket No. B067642.

20 Cal.App.4th 239 (1993)

24 Cal. Rptr.2d 414

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

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

November 22, 1993.

Attorney(s) appearing for the Case

COUNSEL

Susan D. Shors, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Thomas A. Brady and Jeffrey M. Bryant, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JOHNSON, J.

The central issue in this appeal is whether the crime of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) is a lesser and necessarily included offense of willfully and maliciously discharging a firearm at an occupied vehicle (Pen. Code, § 246).1 We hold assault with a deadly weapon is not necessarily included in...

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