People v. Licas

Opinion

CHIN, J.

Is the crime of assault with a firearm (Pen. Code, § 245, subd. (a)(2)) a lesser included offense of shooting at another person from a vehicle (Pen. Code, § 12034, subd. (c))? In a published opinion, the Court of Appeal here held that the assault offense is not a lesser included offense of shooting from a vehicle; the latter offense does not include the element that the shooter have a “present ability” to commit a violent injury on another person, a requirement of the offense of assault with a firearm. On the other hand, in In re Edward G. (2004) 124 Cal.App.4th 962 [21…