Is a conspiracy to commit assault with a firearm a lesser included crime of conspiracy to murder?
California, United States of America
The following excerpt is from The People v. Flores, B211207, No. BA272661 (Cal. App. 2010):
A conspiracy to commit murder, like the crime of murder itself, does not require use of a firearm. Accordingly, under the elements test conspiracy to commit assault with a firearm is not a lesser included offense of conspiracy to commit murder. (See People v. Birks, supra, 19 Cal.4th at p. 117.)
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