People v. Navarro

Opinion

MORENO, J.

This court has long recognized that under Penal Code sections 1181, subdivision 6, 1 and 1260, an appellate court that finds that insufficient evidence supports the conviction for a greater offense may, in lieu of granting a new trial, modify the judgment of conviction to reflect a conviction for a lesser included offense. We granted review in this case to determine whether an appellate court may, upon finding insufficient evidence supports the judgment of conviction for one greater offense, substitute convictions for two lesser included offenses shown by the evidence at…