People v. Myers

Opinion

GARDNER, P. J.

In this case we hold that a trial court may consider enhancement allegations in determining whether the accusatory pleading alleges an included offense. More importantly, we request that the Supreme Court grant a hearing in this case in order to resolve a troublesome conflict on this issue which has arisen between divisions of the Courts of Appeal.

Charged with attempted murder, the defendants were found guilty by a jury of assault with a deadly weapon. Use and great bodily injury allegations were found to be true.

Sherry Lowe, a white woman, and Ronald Kelley, a black man,…