P. v. Haro CA4/2
A jury convicted defendant and appellant, Eric Haro, of attempted second degree robbery after hearing evidence that he demanded money from Arturo Rojas Mier (Rojas), threatened to kill Rojas, and physically attacked Rojas. (Pen. Code, §§ 211, 212.5, subd. (c), 664.) The trial court sentenced defendant to a two-year prison term. On appeal, defendant contends the trial court prejudicially erred when it failed to instruct sua sponte on theft and simple assault, which he contends are lesser included offenses. He also contends the court should have sentenced him to 18 months’ imprisonment rather than two years. We affirm.
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