PEOPLE v. NAVARRO
Neither Penal Code Sec. 1181(6) which states that "[w]hen the verdict or finding is contrary to law or evidence, but if the evidence shows the defendant to be not guilty of the degree of the crime of which he was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict, finding or judgment accordingly without granting or ordering a new trial, and this power shall extend to any court to which the cause may be appealed" nor Sec. 1260 which provides "a court may reverse, affirm, or modify a judgment or order appealed from, or reduce the degree of the offense or the punishment imposed, and may set aside, affirm, or modify any or all of the proceedings subsequent to, or dependent upon, such judgment or order, and may, if proper, order a new trial" authorize the court of appeal, upon finding that insufficient evidence supports the judgment of conviction for one greater offense, to substitute convictions for two lesser included offenses proven by the evidence at trial.
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