Elliott

People v. Elliott

Good Law
14 Cal. App. 4th 1633·18 Cal. Rptr. 2d 426·1993 Cal. App. LEXIS 400·93 Daily Journal DAR 4807
Court of Appeal of CaliforniaApril 16, 1993E009536California2,583 words

Opinion

Opinion

Timlin, J.

Defendant appeals from his conviction by jury of one count of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (b))—attended by a true finding (the truth of which had been admitted by defendant) that he had suffered a prior conviction of a serious felony within the meaning of section 667, subdivision (a).

On appeal, defendant raises only one contention: The trial court erred prejudicially by refusing to instruct the jury, at defendant’s request, as to the asserted lesser related offense of being an accessory (either to a robbery or to a “lesser included” grand theft). We shall conclude that the trial court did not err in refusing to give the instruction in question and, consequently, we shall affirm in full the judgment entered below.

Facts

At approximately 8 p.m. in the evening of January 30, 1991, Lucy Villapondo (Villapondo) had completed her shopping at the Redlands K-Mart and was returning to her car in the K-Mart parking lot. As she returned to her car, she noticed defendant and a woman (later identified as, and hereinafter referred to as, Powels) sitting on a parking lot “island” curb next to her car.

Villapondo unloaded her shopping cart and placed her…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.