legal news


Register | Forgot Password

P. v. Martinez
Christian Martinez was convicted of two counts of robbery involving two different incidents, one occurring on June 26, 2007 (count 3), and the other on July 2, 2007 (count 1). On appeal, he raises arguments challenging the count 3 conviction for the June 26 robbery. He contends (1) there is insufficient evidence to support the jury's finding that he used force or fear, and (2) the trial court should have instructed the jury regarding the lesser included offense of grand theft of the person. We conclude the record supports the jury's finding that Martinez used force or fear. Further, even if the trial court was required to give a theft instruction, the error was harmless. Accordingly, we affirm the count 3 robbery conviction. The jury acquitted Martinez of a charged offense of assault with a deadly weapon against a third person (Mohmoud Guled) on July 2 (count 2). On appeal, Martinez asserts the trial court improperly ordered Guled was entitled to restitution. Court agree, and accordingly modify the judgment by striking the restitution order for Guled.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2024 Fearnotlaw.com The california lawyer directory

  Copyright © 2024 Result Oriented Marketing, Inc.

attorney
scale