People v. Sandoval CA4/1

Filed 10/16/14 P. v. Sandoval CA4/

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064331

Plaintiff and Respondent, (Super. Ct. No. SCE328674) v.

ORDER MODIFYING OPINION

SALVADOR SANDOVAL, AND DENYING REHEARING

Defendant and Appellant. NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on September 30, 2014, be modified as

follows:

On page 9, at the end of the first full paragraph, after the word "issue" add the

following:

We reject Sandoval's claim that the court's response had the effect of removing the intent element from the jury's consideration. The correctness of jury instructions is to be determined from the entire charge of the court, not from a consideration of parts of an instruction or from a particular instruction. (People v. Musselwhite (1998) 17 Cal.4th 1216, 1248.) Here, CALCRIM No. 1600 correctly informed the jury of the act and intent elements of robbery and that the act — taking using fear — must have been motivated by the required intent to steal.!(1CT 39)! CALCRIM No. 1600 together…