Legal Opinion
People v. Steele
California Court of Appeal
Decided August 22, 2000No. B134069PublishedCited by 23 opinions
1Opinion of the Court
Opinion
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). Without discussion, our Supreme Court in 1967 ignored those cases and impliedly held the reverse. (People v. Wilson (1967) 66 Cal.2d 749, 764 [59 Cal.Rptr. 156, 427 P.2d 820] (Wilson).)
In a steady parade of subsequent cases, the appellate courts got even by disregarding that particular holding of Wilson. For the reasons that follow, we respectfully join the parade. -
Procedural Background
Appellant Tom…
2Cases cited34 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- Davis v. AlaskaSupreme Court of the United States · 1974
- People v. WatsonCalifornia Supreme Court · 1956
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
29 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. BabaaliCalifornia Court of Appeal · 2009
- People v. Cortez, California Court of Appeal, 5th District2018
- People v. DibaccoAppellate Division of the Superior Court of California · 2004
- (HC) Lopez v. ShermanDistrict Court, E.D. California · 2019
- People v. BabaaliCalifornia Court of Appeal · 2009
18 more not listed; retrieve them via the Exa API.