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PEOPLE v. MORRIS

No. C060358.

185 Cal.App.4th 1147 (2010)

THE PEOPLE, Plaintiff and Respondent, v. JASON ALEXANDER MORRIS, Defendant and Appellant.

Court of Appeals of California, Third District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Joseph M. Cook, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROBIE, J.—

Convicted of robbery, grand theft (theft from the person of another), and petty theft with a prior, defendant Jason Alexander Morris appeals contending there was insufficient evidence to support a sentence enhancement finding that he knew or should have known his victim was developmentally disabled, and the trial court prejudicially erred in failing to instruct on theft as a lesser included offense of robbery. Defendant...

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