People v. Powell
Mar 05, 2013OUTCOME: Felony Conviction Reversed
214 Cal.App.4th 106 (Cal. Ct. App. 2013) "We hold that theft by false pretense is not a lesser included offense of robbery under the elements test or under the accusatory pleading test as applied to ... the felony information in this case. The trial court therefore erred by instructing the jury on theft by false pretense and allowing the jury to return a verdict on that offense. The error was prejudicial because it allowed the jury to convict Powell of an offense of which he had no reasonable notice. As the jury acquitted Powell of the only offense for which he was charged, we reverse the judgment without addressing Powell's other contentions."
