P. v. Shields CA1/4
Appellants Patrick Shields and Wynn Brewer appeal their convictions arising from a conspiracy to murder. They argue the trial court erred in failing to instruct the jury about the lesser included offenses of assault with a deadly weapon and voluntary manslaughter. We conclude that even if the offense of conspiracy to commit assault with a firearm is a lesser included offense under the accusatory pleading test, there was no substantial evidence of a conspiracy to commit assault presented at trial. Furthermore, any error in failing to instruct on this lesser crime was harmless as there was no prejudice to appellants. The trial court also properly refused appellants’ requested instruction on conspiracy to commit voluntary manslaughter, a request unsupported by the law or the evidence presented at trial.
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