People v. Maria D., 199 Cal. App. 4th 109

The juvenile court sustained an allegation under Welfare and Institutions Code section 602 that appellant committed attempted lynching in violation of Penal Code sections 664 and 405a, and ordered wardship with a maximum two-year camp placement.
Appellant contends the petition alleging attempted lynching was legally incorrect because incitement of a riot (a misdemeanor) proscribes the conduct and section 664 should not apply to lynching.
The court analyzed whether incitement of a riot statute could punish attempted lynching and concluded it does not.
Prosecution evidence showed appellant yelled profanity, signaled companions to confront deputies, and appeared to reach toward a deputy to release a detainee, with a deputy and a crowd present when an incident occurred.
Defense evidence included appellant’s boyfriend testimony and appellant’s own account denying involvement or intent to encourage restraint or escape.
The court held that a special statute does not negate the general attempt statute here, and that appellant was properly prosecuted under sections 664 and 405a for attempted lynching.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does §404.6 incitement to riot punish attempted lynching?	People argues incitement to riot covers the conduct.	Appellant contends incitement to riot is the sole punishment and the general attempt statute should not apply.	No; incitement to riot does not punish attempted lynching; §664 applies with §405a.
May incitement to riot displace §664 for attempted lynching given different mental states?	People argues special statute can preempt §664 when overlapping conduct exists.	Appellant argues different mental states and conduct prevent treating incitement as the same offense as attempted lynching.	No; incitement to riot is not a special statute applicable to attempted lynching; §664 and §405a apply.

In re Williamson, 43 Cal.2d 651 (1954) (specific statute controls over general statute when intent and punishment differ)
Mitchell v. Superior Court, 49 Cal.3d 1230 (1989) (special statutes override general when legislative intent is to limit alternatives)
People v. Duran, 124 Cal.App.4th 666 (2004) (illustrates when §664 is inapplicable due to other punishment provisions)
Alberts v. Superior Court, 32 Cal.App.4th 1424 (1995) (selects §455 over §664 for attempted arson of an inhabited structure; demonstrates special statute analysis)
People v. Medina, 41 Cal.4th 685 (2007) (requires specific intent to commit the target crime for attempt liability)
People v. Vizcarra, 110 Cal.App.3d 858 (1980) (illustrates that overt act may be attempted without the riot being completed)