People v. LA STELLEY
Opinion
Opinion
Aldrich, J.
Appellant and defendant Antoine Michael La Stelley appeals from the judgment entered following his conviction of one count of second degree robbery and one count of grand theft. (Pen. Code, § 211, 487, subd. (a).)
Appellant contends: (1) the record does not support the convictions; (2) there was only one crime and thus, he was improperly convicted of two separate crimes; and (3) with regard to the robbery conviction, the trial court prejudicially erred in failing to instruct on a lesser included theft offense.
In the published portion of this opinion (parts I, IIB., and III, post) we conclude appellant was improperly convicted of two crimes. In the unpublished portions of this opinion, we find appellant’s other contentions unpersuasive.
We affirm in part and reverse in part.
I
Factual and Procedural Background
A. Facts.
On September 15, 1996, appellant went to Fry’s warehouse electronic store in Manhattan Beach. Two loss prevention agents (Walter Mira and Roger Bennett) noticed appellant. Over the next two and one-half hours, Mira and Bennett monitored appellant.
Fry’s retail price for a DC-1 computer software kit was $349. The DC-20 software kit was a deluxe…