California Court of Appeal

Judgment of conviction of theft by false pretense is reversed where: 1) the jury acquitted defendant of robbery, the only offense for which he was charged, but convicted him of theft by false pretense ; 2) theft by false pretense is not a lesser included offense of robbery under the elements test or the accusatory pleading test as applied to the felony information in this case; 3) the trial court therefore erred by instructing the jury on theft by false pretense and allowing the jury to return a verdict on that offense; and 4) the error was prejudicial because it allowed the jury to convict defendant of an offense of which he had no reasonable notice.

Appellate Information

• Decided 03/05/2013
• Published 03/05/2013

Judges

• FYBEL

Court

• California Court of Appeal

Counsel