People v. Lagunas

Opinion

KENNARD, J.

—By statute, a trial court may grant a new trial “[w]hen the verdict or finding is contrary to law or evidence”; if, however, the evidence shows that the defendant is guilty only of a lesser offense necessarily included in the crime charged, the court may modify the verdict or judgment accordingly. (Pen. Code, § 1181, subd. 6.) Here, the Court of Appeal held that, even though not authorized by statute, a trial court also has the power to modify a verdict to a lesser related offense based on principles of due process. We disagree.

I

In a prosecution for residential burglary (§§…