Valentine
People v. Valentine
Opinion
Opinion
Perren, J.
Appellant Vincent Valentine, Jr., is charged with the crime of robbery. He contends that the evidence shows that he committed the crime of receiving stolen property and asks the trial court to instruct the jury on the elements of that uncharged offense. He hopes to convince the jury that he committed the uncharged offense and that he be acquitted of the charged offense. He is not entitled to such an instruction.
Valentine is convicted of second degree robbery. (Pen. Code, § 211.) He admits a prior strike for residential burglary (§§ 667, subds. (c)(1), (e)(1), 1170.12, subds. (a)(1), (c)(1)) and a prior conviction for a serious felony (§ 667, subd. (a)(1)). He is sentenced to an aggregate term of nine years in state prison.
Valentine appeals, contending that the trial court erred in refusing to give his requested instruction and that, as a result, the jury may have relied on an improper legal theory in returning its verdict. We affirm.
FACTS AND PROCEDURAL HISTORY
In the" early evening of November 8, 2003, Valentine and three friends accosted Nicholas Cruz Alvarez on Channel Islands Boulevard in Oxnard. Alvarez was walking home after cashing a check and was carrying…