People v. Geiger

Opinion

GRODIN, J.

Defendant appeals from a judgment imposed on a jury verdict finding him guilty of second degree burglary. (Pen. Code, § 459.)1 His principal contention is that the trial court erred in refusing to instruct the jury, in accordance with defendant’s theory of the case, that he could be convicted of vandalism (§ 594), a related offense not necessarily included in burglary.2 We find merit in that contention, on the facts of this case. Clearly a defendant has no general right to have the jury presented with a shopping list of alternatives to the crimes charged by the prosecution.…