People v. Fabela

Opinion

TURNER, P. J.

I. Introduction

Raul Fabela and Teddy Lapina appeal from the judgments entered following a jury trial in wMch they were convicted of second degree robbery in wMch Mr. Lapina used a firearm. (Pen. Code, §§ 211, 12022.5,12022, subd. (a)(1).) Mr. Fabela admitted that he had suffered a prior felony conviction for wMch he served a separate prison term. (Pen. Code, § 667.5, subd. (b).) Mr. Fabela contends: “The trial court prejudicially erred in failing to instruct the jury sua sponte upon the lesser included offense of petty theft as defined by Penal Code sections 484, 485, 487,…