Is assault by means of force likely to produce great bodily injury an included crime within the crime of torture?

California, United States of America


The following excerpt is from People v. Clark, B285928 (Cal. App. 2018):

Defendant relies on the following dictum in People v. Martinez (2005) 125 Cal.App.4th 1035, 1043: "[A]n assault by means of force likely to produce great bodily injury is arguably an included offense within the crime of torture." Defendant's reliance on that case is not helpful, as the issue there was whether assault with a deadly weapon was a lesser included offense of torture, and the court conducted no analysis regarding assault by means of force likely to produce great bodily injury. (Id. at pp. 1038-1039, 1041-1045.)

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