What are the grounds of motion to dismiss two counts for attempted murder and assault by means of force likely to produce great bodily injury?

California, United States of America


The following excerpt is from People v. Williams, B252994 (Cal. App. 2015):

Defendant contends the counts for attempted murder and assault by means of force likely to produce great bodily injury fail for lack of substantial evidence. Defendant further argues the trial court committed error by failing to instruct on the lesser included offense of simple assault and by giving the flight instruction. Finally, defendant argues the court abused its discretion in denying his motion to dismiss his prior strike pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).

We affirm.

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