California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

lesser included offense

3 opinions tagged “lesser included offense”

March 25, 2026 Court of Appeal, Fifth Appellate District

P. v. Chang 3/25/26 CA5

The Rule of People v. Chang is that imperfect self-defense is unavailable when a defendant's belief in the need for self-defense is based entirely on delusion without any objective correlate that could plausibly relate to a reasonable need for self-defense, under circumstances where the defendant shoots at peace officers based solely on delusional beliefs about CIA persecution without any objective threatening conduct by the officers.
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March 5, 2026 Court of Appeal of the State of California, First Appellate District, Division One

P. v. Uceda 3/5/26 CA1/1

The Rule of People v. Uceda is that a trial court must instruct sua sponte on grossly negligent discharge of a firearm (Penal Code § 246.3, subd.
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February 26, 2026 Supreme Court of California

P. v. Morgan 2/26/26 SC

The Rule of People v. Morgan is that assault is not a lesser included offense of resisting an executive officer by use of force or violence under Penal Code section 69(a), under circumstances where the defendant's forceful resistance does not require a "present ability" to commit violent injury as required for assault.
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