P. v. Carter
A jury convicted defendant Lamont Carter of robbery. The trial court sustained recidivist allegations that doubled the imposed middle prison term and added five years to it.
The defendant contends that evidence of the victims reasonable fear is insufficient (as is evidence of force with respect to one item of the victims property); that the court erred in failing to instruct on reasonable fear on its own motion; and that the court improperly instructed on the lesser offense of grand theft rather than some species of petty theft because his appropriation of the victims property was not theft from the victims person. Court affirm.
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