P. v. Lopez CA2/2
Frankie Calanche Lopez (defendant) saw an easy mark in a 59-year-old man riding his bicycle through a park. What he did not count on was that the man was a former Olympian who fought back when defendant punched him and picked up the man’s cell phone that fell to the ground during the ensuring fistfight. A jury convicted defendant of robbery. On appeal, he argues that the trial court should have instructed the jury on the lesser included crime of theft. We disagree, and affirm.
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