People v. Drake

Opinion

MOSK, J.

The People seek to appeal a ruling of the Superior Court of Los Angeles County modifying a finding that defendant was guilty of robbery (Pen. Code, § 211) to a finding that he was guilty of grand theft from the person of another (Pen. Code, § 487, subd. 2). The People contend that the trial judge acted solely out of a desire to exercise leniency toward defendant, rather than from an assessment of the evidence as contemplated by Penal Code section 1181, subdivision 6.

Defendant was tried without a jury on charges of first degree robbery. The parties stipulated that the question…