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Home / Opinion Digests / Criminal Law / ‘Brandishing’ Not Lesser-Included Offense (access required)

‘Brandishing’ Not Lesser-Included Offense (access required)

Because a trial court erred in finding that brandishing is a lesser-included offense of use of a firearm in commission of a felony, the Court of Appeals reverses defendant’s conviction for that offense and vacates the judgment of conviction for brandishing. The charge arose from an encounter defendant had with his brother. In deciding whether two ...

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