P. v. Herrera-Ramos CA2/3
Under California law, the trial judge in a criminal case must instruct the jury on all lesser-included offenses supported by substantial evidence. Defendant Jose Herrera-Ramos contends the court in this case should have instructed the jury on false imprisonment as a lesser-included offense of kidnapping because the jury could have concluded he did not move his victim a substantial distance. We hold that because the jury appears to have rejected that theory, any error was harmless. We affirm with directions to correct an error in the abstract of judgment.
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