California Court of Appeal

First degree murder conviction, based on defendant's videotaped confession to taking money from victim's pocket while cohort strangled him, is reversed where trial court erred in failing to instruct sua sponte on lesser included offenses of murder and on theft.

Appellate Information

• Decided 07/18/2006
• Published 07/18/2006

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Stephen B. Bedrick, Oakland, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Seth K, Schalit, Supervising Deputy Attorney General, Morris Lenk, Deputy Attorney General for Plaintiff and Respondent.