California, United States of America
The following excerpt is from In re J.L., 168 Cal.App.4th 43, 85 Cal.Rptr.3d 35 (Cal. App. 2009):
The minor argues that under the least adjudicated elements test set forth in People v. Rodriguez (1998) 17 Cal.4th 253, 261[, 70 Cal.Rptr.2d 334, 949 P.2d 31], [the offense] could have been committed by using an inherently dangerous weapon. He maintains that assault with a deadly weapon other than a firearm is not an offense enumerated in section 707(b), the finding that he committed an assault with a deadly weapon does not automatically mean that he used force likely to produce great bodily injury, which is a section 707, subdivision (b), offense, the court may not look beyond the bare juvenile adjudication and therefore [t]he least adjudicated elements of the offense defined by Penal Code section 245(a)(1) ... [are] insufficient to establish a section 707(b) offense.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.