People v. Singleton

I concur in the judgment but would add these further predicates for Justice Lord’s sound conclusion that Singleton was properly sentenced for the crime he committed and was convicted— attempted murder in the first degree (Pen. Code, §§ 664/187). Singleton’s contention, stripped of all verbage, is that he is entitled as a matter of law to be sentenced to a lesser term for the uncharged, untried, heretofore unmentioned offense of assault with intent to commit murder. (Pen. Code, § 217.)

This contention blithely ignores the 108-year history of unquestioned enforcement of each of the 2 statutes…