P. v. Donahue
Following a jury trial, appellant Noelle Mary Donahue was convicted of embezzlement (Pen. Code, 503) and grand theft by larceny (Pen. Code,[1] 484, subd. (a), 487, subd. (a)). On appeal, she contends the trial court committed reversible error by failing to conduct a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) prior to sentencing. She also contends she was erroneously convicted of both embezzlement and grand theft by larceny because one is a necessarily included lesser offense of the other.
Court reverse the judgment and remand the matter with directions to the trial court to hold a Marsden hearing and to conduct further proceedings as authorized by law.
Comments on P. v. Donahue