P. v. Ferris CA3
Convicted by a jury of second degree robbery (Pen. Code, § 211—count one); unlawful taking of a vehicle with a prior conviction of the same offense (Veh. Code, § 10851, subd. (a)—counts two through four), felony grand theft (Pen. Code, § 487, subd. (a)—count five), and misdemeanor larceny (Pen. Code, § 484, subd. (a)—counts six and seven), and subsequently found by the trial court to have committed two prior strikes, defendant David Wayne Ferris contends the trial court erred prejudicially as to count one by failing to instruct the jury sua sponte on the lesser included offense of grand theft from the person. We shall affirm.
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