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PEOPLE v. GEIGER

Docket No. Crim. 23105.

35 Cal.3d 510 (1984)

674 P.2d 1303

199 Cal. Rptr. 45

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JOSEPH GEIGER, Defendant and Appellant.

Supreme Court of California.

February 2, 1984.

Attorney(s) appearing for the Case

COUNSEL

Cliff Gardner, under appointment by the Supreme Court, for Defendant and Appellant.

Quin Denvir, State Public Defender, and Allan H. Keown, Deputy State Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp and George Deukmejian, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Herbert F. Wilkinson, Martin S. Kaye, Ann K. Jensen and Dane R. Gillette, Deputy Attorneys General, for Plaintiff and Respondent.

Edwin L. Miller, Jr., District Attorney (San Diego), Peter C. Lehman and Paul M. Morley, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

GRODIN, J.

Defendant appeals from a judgment imposed on a jury verdict finding him guilty of second degree burglary. (Pen. Code, § 459.)1 His principal contention is that the trial court erred in refusing to instruct the jury, in accordance with defendant's theory of the case, that he could be convicted of vandalism (§ 594), a related offense not necessarily included in burglary.

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