Land
People v. Land
Opinion
Opinion
Johnson, J.
Appellant, Jerry Land, was convicted by a jury of numerous criminal offenses committed during a one-night crime spree. He appeals his conviction, contending: (1) insufficient evidence supports the finding he aided and abetted the robbery, assault with a firearm and attempted murder of Gabriel Sandoval; (2) insufficient evidence supports the conviction for receiving stolen property; (3) it was reversible error to admit a document of unknown origin with his name on it found in the stolen vehicle; (4) it was reversible error to fail to instruct sua sponte aiding and abetting liability does not attach where the criminal act is the independent product of one of the perpetrators; (5) it was reversible error to fail to instruct on the effect of his accomplice’s intoxication; (6) it was prejudicial error to instruct the jury could disregard the testimony of a witness who was willfully false when the instruction appeared to be directed at his exculpatory testimony; (7) it was error to punish him for both the robbery and attempted murder of Sandoval; and, (8) the restitution fine was improperly imposed in the absence of a determination of his ability to pay. After a review of the…