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.
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