P. v. Neblina
In a bifurcated proceeding, a jury found defendant guilty of commercial burglary. (Pen. Code, 459.)[1] The jury thereafter found true the allegation that defendant had sustained a prior strike conviction. ( 667, subds. (c), (e)(1), 1170.12, subd. (c)(1).) Defendant was sentenced to a total term of two years eight months in state prison with credit for time served. On appeal, defendant contends (1) the trial court erred in failing to instruct the jury on theft as a lesser included offense, and (2) the trial court prejudicially erred by giving a special jury instruction defining moral turpitude. Court find no prejudicial error and affirm the judgment.
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