Does the government exercise due diligence in charging a minor with negligent discharge of a firearm?

additional facts necessary to sustain the greater charge.' (Ibid.) Whether the government exercised due diligence is a question of fact. (Id. at p. 394.)" (People v. Davis, supra, 36 Cal.4th at p. 558.)

Appellant was charged in the juvenile proceeding with a violation of 246.3, negligent discharge of a firearm. His subsequent prosecution for attempted murder did not violate his right to be free from double jeopardy because negligent discharge of a firearm is not a lesser included offense of attempted murder. (People v. Nelson (2011) 51 Cal.4th 198, 215 ["assault with a deadly weapon and negligent discharge of a firearm are not lesser included offenses of attempted murder, but rather lesser related offenses."].)