PEOPLE v. KURTZMAN (1988)

Supreme Court of California,In Bank.

PEOPLE, Respondent, v. David Kenneth KURTZMAN.

Decided: February 18, 1988

Appellant's petition for review GRANTED.

Pursuant to rule 29.2(b), California Rules of Court, counsel are directed to limit briefing and argument to the issue of whether a jury must acquit defendant of a greater offense before considering lesser included offenses. (See Stone v. Superior Court (1982) 31 Cal.3d 503, 183 Cal.Rptr. 647, 646 P.2d 809; CALJIC Nos. 8.75, 17.10.)

LUCAS, C.J., and MOSK, BROUSSARD, PANELLI, ARGUELLES and KAUFMAN, JJ., concur.

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