Griffin

People v. Griffin

Good Law
109 Cal. Rptr. 2d 273·2001 Cal. App. LEXIS 536·2001 Daily Journal DAR 7265·90 Cal. App. 4th 741·2001 Cal. Daily Op. Serv. 5902
Court of Appeal of CaliforniaJuly 12, 2001A090561California4,185 words

Opinion

Opinion

Horner, J.

After joint jury trial of brothers Mario Dwayne and Tyrone Dushawn Griffin, Mario was convicted of first degree burglary, felonious assault, and two counts of vandalism, and Tyrone was convicted of first degree burglary and one count of vandalism. Mario appeals from his conviction and sentence on the grounds that; (1) the trial court failed to correctly instruct the jury regarding the elements of the offense; (2) the court failed to instruct the jury that it must agree upon which felony appellant intended when he entered the victim’s apartment; and (3) there is insufficient evidence that he intended to steal or commit any felony when he entered the subject apartment. Tyrone appeals from- his conviction and sentence on the grounds that: (1) there is insufficient evidence that he committed or aided and abetted a burglary; (2) the jury was inadequately instructed regarding relevant burglary principles; and (3) there is insufficient evidence that he committed vandalism. We disagree with appellants in all respects and affirm the judgments.

Introduction

Procedural Background.

By information filed in the Superior Court of Humboldt County on October 27, 1999, appellants were…

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