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PEOPLE v. MOONEY

Docket No. 13817.

145 Cal.App.3d 502 (1983)

193 Cal. Rptr. 381

THE PEOPLE, Plaintiff and Respondent, v. RONALD JAMES MOONEY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

July 27, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Lynda A. Romero, Deputy State Public Defender, and Mary Howell for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Michael D. Wellington and Raquel M. Gonzalez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WORK, J.

Convicted of burgling a motor vehicle (Pen. Code, § 459),1 Ronald James Mooney claims he was prejudiced by the court refusing his request to instruct the jury auto tampering (Veh. Code, § 10852) is a lesser included offense of that crime.2 We reverse because, on the facts of this case, the trial court should have given the requested instruction.<...

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