People v. Elliott

Opinion

TIMLIN, J.

Defendant appeals from his conviction by jury of one count of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (b))—attended by a true finding (the truth of which had been admitted by defendant) that he had suffered a prior conviction of a serious felony within the meaning of section 667, subdivision (a).

On appeal, defendant raises only one contention: The trial court erred prejudicially by refusing to instruct the jury, at defendant’s request, as to the asserted lesser related offense of being an accessory (either to a robbery or to a “lesser included” grand theft). We…