Parks
People v. Parks
Opinion
Opinion
Klein, J.
SUMMARY STATEMENT
An amended information filed November 14, 2002, charged Roger Charles Parks, Sr., with attempted murder. (Pen. Code, -§§ 664, 187.) Parks waived trial by jury. The trial court acquitted Parks of attempted murder but found him guilty of assault with a firearm. (§ 245, subd. (a)(2).) When Parks first objected, a month later, that assault with a firearm is not a lesser included offense of attempted murder, the trial court amended its verdict to reflect a conviction of attempted voluntary manslaughter (§§ 664, 192), which is a lesser included offense of attempted murder.
On appeal, Parks contends, and the Attorney General concedes, the conviction must be reversed because assault with a firearm is not a lesser offense included within attempted murder and Parks did not give express or implied consent to a conviction on a lesser related offense. (In re Alberto S. (1991) 226 Cal.App.3d 1459, 1465 [ 277 Cal.Rptr. 475 ]; People v. Delahoussaye (1989) 213 Cal.App.3d 1, 11-13 [ 261 Cal.Rptr. 287 ]; People v. Delgado (1989) 210 Cal.App.3d 458, 463-464 [ 258 Cal.Rptr. 365 ].)
The District Attorney of Los Angeles County, appearing as amicus curiae, urges this court…