State v. Garcia

DONOFRIO, Judge.

This is an appeal by defendant James Martinez Garcia from a jury conviction of the crime of Grand Theft (auto) and from the judgment and sentence thereon of three to five years in the State Prison.

Defendant in his brief assigns six areas wherein the court or the prosecutor has committed prejudicial error. We shall treat the one issue which we believe crucial and dispositive of this appeal, that issue being whether there was prejudicial error in the manner in which the court instructed the jury on the necessary element of intent in grand theft.

Briefly, the facts are that the…