P. v. Wade
Defendant was charged with the robberies of three banks in Sacramento during a one week period in November 2003. His defense was mistaken identity. Defendant, representing himself, obtained an acquittal of one of the robberies, a deadlocked jury on the second, and a guilty verdict on the lesser offense of grand theft as to the third. Defendant argues the trial court should have granted his motion to dismiss the third robbery count because the police willfully failed to obtain potentially exculpatory evidence. He also contends the court erred by refusing to incorporate his proposed modification to the standard instruction that permits a jury to infer guilt from the defendants possession of recently stolen property. Defendants final contention concerns a miscalculation of presentence custody credits, which the People concede. Aside from correcting the credit miscalculation, court affirm the judgment.
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