People v. David S.

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 in a fight. In the course of this altercation, one youth was killed. The facts established that appellant did not cause the death of Raymond Chavira and that appellant swung a…