P. v. Hendrickson
Defendant Craig Lee Hendrickson entered a liquor store, heated up two burritos in the stores microwave, placed a sandwich in his pocket, and attempted to leave the store without paying for the items. During trial, defendant claimed that he had paid for the burritos, but did not recall how the sandwich got into his pocket. Defendant was charged with second degree robbery (Pen. Code, 211), second degree commercial burglary ( 459), and petty theft with priors. ( 666 & 484, subd. (a).) It was further alleged that defendant suffered a prison prior. ( 666; Health & Saf. Code 11377, subd. (a).) Court conclude that the court properly instructed the jury on defendants claim-of-right defense. Court further find that there was sufficient evidence regarding consciousness of guilt to warrant the giving of the CALCRIM No. 362 instruction.
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