People v. Richardson

Following trial by jury George H. Richardson was convicted of one count of conspiracy to commit grand theft and forgery (Pen. Code, § 182, subd. 1; count l), four counts of forgery (Pen. Code, § 470; counts 2, 3, 4 and 5); four counts of attempted grand theft (Pen. Code, §§ 664/487, subd. 1; counts 6, 7, 8 and 9); and one count of attempted receiving stolen property (Pen. Code, §§ 664/496; count 10). Consecutive sentences were imposed as to counts 2 and 5; count 1 was ordered to run concurrently with the sentences on counts 2 and 5; counts 3, 4, 6, 7, 8, 9 and 10 were ordered stayed pending completion of sentences on counts 1, 2 and 5 and thereafter permanently.

Defendant appeals the judgment contending: “I. The trial court committed reversible error by failing to instruct the jury, sua sponte, pursuant to CALJIC No. 2.91. II. The trial court committed prejudicial error when it instructed the jury pursuant to CALJIC No. 2.62—‘Defen-dant testifying—when adverse inference may be drawn’—inasmuch as the instruction was not based on the evidence and caused appellant’s testimony to be improperly evaluated on standards different from that of other witnesses. III. In sentencing…