P. v. Robles
Defendant was convicted of robbery after driving off with the victim's portable electric generator. Defendant challenges on appeal the fact that the trial court did not give a jury instruction on the lesser-included offense of petty theft. Court conclude that the evidence warranted that instruction and that the court was required to give it on its own motion. Since the jury's choice between robbery and petty theft would have depended simply on which witnesses the jury believed, the failure to give the instruction was not harmless error.
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