P. v. Bernal-Delgado
An information charged defendant in count 1 with second degree burglary of a locked vehicle (Pen. Code, 459, 460, subd. (b)) and in count 2 with attempted grand theft of an automobile ( 487, subd. (d), 664). Defendant pleaded not guilty and a jury convicted of him second degree burglary and acquitted him of attempted grand theft of an automobile. Defendant contends that the trial court erred in failing to instruct sua sponte on tampering with a vehicle and in refusing to give defendants requested pinpoint instruction on intoxication. Additionally, defendant argues that his trial counsel provided him with ineffective assistance of counsel when, after final argument was completed, his attorney declined the trial courts offer to instruct the jury on intoxication. Court affirm the judgment.
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