P. v. Threats
A jury convicted defendant as charged of kidnapping for rape (Pen. Code, S 209, subd. (b)(1); count 1), assault with intent to commit rape (S 220; count 2), second degree robbery (S 211; count 3), and assault by means likely to produce great bodily injury (S 245, subd. (a)(1); count 4). After denying a new trial motion, the trial court sentenced Threats to prison for an indeterminate term of life with the possibility of parole for the count 1 aggravated kidnapping and a consecutive three year term for the count 3 robbery, staying the sentence on the remaining counts under section 654.
Threats appeals, contending there was insufficient evidence to support his convictions of robbery and kidnapping for rape, and that the trial court prejudicially erred by failing to instruct the jury on petty theft as a lesser included offense of robbery. Court affirm.
Comments on P. v. Threats