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PEOPLE v. NAVARRO

No. S132666.

54 Cal.Rptr.3d 766 (2007)

40 Cal.4th 668

151 P.3d 1177

The PEOPLE, Plaintiff and Respondent, v. Horacio NAVARRO, Defendant and Appellant.

Supreme Court of California.

February 26, 2007.

Attorney(s) appearing for the Case

Superior Court, Tulare County; David L. Allen*, Judge.

Patricia L. Watkins, and William Joseph Arzbaecher III, Sacramento, under appointments by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Kathleen A. McKenna, Louis M. Vasquez and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.

MORENO, J.

This court has long recognized that under Penal Code sections 1181, subdivision 6,1 and 1260, an appellate court that finds that insufficient evidence supports the conviction for a greater offense may, in lieu of granting a new trial, modify the judgment of conviction to reflect a conviction for a lesser included offense. We granted review in this case to determine whether an appellate court may, upon finding insufficient evidence...

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