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PEOPLE v. POWELL

No. G046265.

214 Cal.App.4th 106 (2013)

153 Cal. Rptr. 3d 673

THE PEOPLE, Plaintiff and Respondent, v. RYAN LUKE POWELL, Defendant and Appellant.

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

March 5, 2013.

Attorney(s) appearing for the Case

William Ha and Cavan M. Cox for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, A. Natasha Cortina , Heidi T. Salerno and Ifeolu Hassan , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FYBEL, Acting P. J. —

INTRODUCTION

A felony information charged Ryan Luke Powell with one count of second degree robbery in violation of Penal Code sections 211 and 212.5, subdivision (c) (further code references are to the Penal Code). Over Powell's objection, the trial court instructed the jury on theft by false pretense as a lesser included offense of the charged crime of second degree robbery. The jury acquitted Powell of robbery...

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