What is the effect of the accusatory pleading rule on firearm enhancements?
California, United States of America
The following excerpt is from People v. Moor, 2d Crim. No. B256126 (Cal. App. 2016):
The information alleged assault as one of seven alternative overt acts. But overt acts should not be considered when applying the accusatory pleading rule. (People v. Fenenbock, supra, 46 Cal.App.4th 1688, 1707.) Similarly, firearm use enhancements are not considered when determining lesser included offenses. (People v. Bragg (2008) 161 Cal.App.4th 1385, 1398.)
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