P. v. Lara CA5
Jose Luis Lara warned a man to “not say” anything and then shot him in the stomach. As the man lay wounded, he reached for his phone but it was gone. For his actions, Lara was convicted of several crimes, including robbery.
On appeal, Lara claims the evidence was insufficient to prove robbery, the court failed to instruct on theft as a lesser included offense to robbery, his counsel was ineffective relative to robbery, and fines and fees imposed as part of the judgment were improper. We will affirm the judgment.
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