P. v. Carillo
Henry Carrillo appeals from the judgment entered following his conviction by a jury of the first degree felony murder of Antoine Butler (Pen. Code, 187, subd. (a), 189), the attempted second degree robbery of Butler and Harry Martinez ( 664, 211), and the second degree robbery of Andres Soto. ( 211.) He was sentenced to prison for 28 years to life. Appellant contends that the trial court failed to instruct the jury sua sponte on the lesser included offenses of grand theft and attempted grand theft from the person ( 664, 487, subd. (c)), as well as second degree murder. He also contends that the prosecutor committed misconduct in her opening statement and closing argument. Court affirm.
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