P. v. Meyers
A jury found defendant guilty of grand theft from a person (Pen. Code, 487, subd. (c); further undesignated section references are to this code), a lesser included offense to the charged crime of robbery ( 211). The trial court suspended imposition of sentence, placing defendant on five years probation and ordering him to serve one year in county jail. On appeal, defendant contends the jurys verdict is not supported by substantial evidence because there was no evidence he did anything to separate the purse from the victims person, and that the trial court failed to instruct the jury as to the lesser included offense of petty larceny. Because defendants first contention has merit, Court reverse the judgment of conviction for grand theft person and direct that the trial court enter a judgment for petty theft and modify the sentence accordingly. In all other respects Court affirm the judgment.
Comments on P. v. Meyers