People v. Love

SAETA, J., Dissenting.

The defendant raised and argued only three grounds of appeal: (1) the court erred in consolidating the two counts; (2) the court failed to instruct properly on specific intent; and (3) the court committed prejudicial error in commenting on the evidence. (See engrossed statement on appeal and the opening brief.) I cannot join in the majority opinion as it goes far beyond the issues raised in this case.

*Supp. 18At oral argument the parties informed us that count II would not be retried after the mistrial. The count related to the activities at the hotel with the robbery…