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PEOPLE v. PARKS

No. B165435.

12 Cal.Rptr.3d 635 (2004)

118 Cal.App.4th 1

The PEOPLE, Plaintiff and Appellant, v. Roger Charles PARKS, Sr., Defendant and Appellant.

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

As Modified April 28, 2004.

Attorney(s) appearing for the Case

John L. Staley, Pleasanton, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters, Supervising Deputy Attorney General, and Timothy M. Weiner, Deputy Attorney General, for Plaintiff and Appellant.

Steve Cooley, District Attorney, Patrick D. Moran and Brent Riggs, Deputy District Attorneys, as amicus curiae.

KLEIN, P.J.

SUMMARY STATEMENT

An amended information filed November 14, 2002, charged Roger Charles Parks, Sr., with attempted murder. (Pen.Code, §§ 664/187.)1 Parks waived trial by jury. The trial court acquitted Parks of attempted murder but found him guilty of assault with a firearm. (§ 245, subd. (a)(2).) When Parks first objected, a month later, that assault with a firearm is not a lesser included offense...

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