People v. Valentine

Opinion

PERREN, J.

Appellant Vincent Valentine, Jr., is charged with the crime of robbery. He contends that the evidence shows that he committed the crime of receiving stolen property and asks the trial court to instruct the jury on the elements of that uncharged offense. He hopes to convince the jury that he committed the uncharged offense and that he be acquitted of the charged offense. He is not entitled to such an instruction.

Valentine is convicted of second degree robbery. (Pen. Code, § 211.) He admits a prior strike for residential burglary (§§ 667, subds. (c)(1), (e)(1), 1170.12, subds.…