People v. Ramkeesoon

Opinion

KAUS, J.

Defendant Michael John Ramkeesoon appeals the judgment of conviction of first degree murder and robbery with findings of use of a deadly weapon. (Pen. Code, §§ 187, 211, 12022, subd. (b).) He contends that the trial court prejudicially erred in refusing to instruct on theft as a lesser included offense in robbery. We are bound to agree and conclude that the judgment must therefore be reversed.

I

We relate the evidence that justified defendant’s requested instructions in some detail. Defendant—a citizen of Trinidad and Tobago in the West Indies who was enroute from Canada to the…