P. v. Johnson CA3
Convicted by jury of pandering, defendant Gerald Johnson contends the trial court should have instructed sua sponte on the lesser included offense of attempted pandering. We conclude he was not entitled to such instruction because there was no substantial evidence from which a reasonable jury could have concluded he committed only the lesser offense. Therefore, we affirm the judgment. However, we remand for a correction of the record to show the disposition of certain other counts.
Comments on P. v. Johnson CA3