People v. Richmond

Opinion

WOODS (A. M.), P. J.

This is an appeal by the People from an order granting defendant Keith Richmond’s motion for a new trial on the grounds of instructional error (Pen. Code, § 1238, subd. (a)(3)). The People contend that the trial court erroneously concluded that it should have instmcted the jury on assault with a deadly weapon as a lesser included offense of attempted murder with the use of a deadly weapon and that the granting of a new trial was, therefore, an abuse of discretion. Defendant concedes that assault with a deadly weapon is not a lesser included offense of attempted…