California, United States of America
The following excerpt is from David S., In re, 148 Cal.App.3d 156, 195 Cal.Rptr. 754 (Cal. App. 1983):
Appellant's contention on appeal is that the trial court lacked jurisdiction to convict him of assault with a deadly weapon, a violation of section 245 subdivision (a) of the Penal Code. He argues that since the offense was not alleged in the petition and since that offense does not constitute a necessarily included offense to the crime alleged, attempted murder, his conviction must be reversed. 1 Under the teaching of People v. Wolcott (1983) 34 Cal.3d 92, 192 Cal.Rptr. 748, 665 P.2d 520, we agree.
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