People v. Daniel R.

Opinion

JOHNSON, J.

The central issue in this appeal is whether the crime of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) is a lesser and necessarily included offense of willfully and maliciously discharging a firearm at an occupied vehicle (Pen. Code, § 246). We hold assault with a deadly weapon is not necessarily included in the offense of discharging a firearm at an occupied vehicle. We therefore reverse the adjudication of wardship in this case.

Facts and Proceedings Below

Defendant, Daniel R., was charged in a petition pursuant to Welfare and Institutions Code section 602…