People v. Lewelling

Filed 10/17/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, A147248 v. MICHAEL R. LEWELLING, (San Francisco County Super. Ct. No. 14032274) Defendant and Appellant. We began a recent opinion with the observation that “[o]ne of the more disconcerting things that can occur at a criminal trial is the discovery that there is no CALCRIM instruction for the offense charged, thus requiring the judge—hopefully with the assistance of counsel—to formulate appropriate instructions from scratch.”…