PEOPLE v. GUTIERREZ

Docket No. D009619.

219 Cal.App.3d 1 (1990)

268 Cal. Rptr. 26

THE PEOPLE, Plaintiff and Respondent, v. GABRIEL GUTIERREZ, Defendant and Appellant.

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

March 23, 1990.


Attorney(s) appearing for the Case

COUNSEL

Jan Stiglitz, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Robert M. Foster and Carl H. Horst, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

FROEHLICH, J.

This appeal requires consideration of the proper procedure to be utilized by a jury, and accordingly the instructions which should be given a jury, when it is presented with alternative primary criminal offenses and the possibility of a lesser included offense as to one of the alternative primary offenses. We conclude that the jury should be instructed that it need reach the issue of the lesser included offense...

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