P. v. Kennedy
A jury convicted defendant Lawrence Kennedy of the lesser included offense of attempted sodomy (count 2Pen. Code 663, 286)[1]and criminal threats (count 4 422). On appeal, defendant contends the court erred in failing to give the jury sua sponte instructions on the lesser included offense of attempted criminal threats. We hold that substantial evidence did not support an instruction on attempted criminal threats and, regardless, any error was harmless. Defendant additionally maintains the abstract of judgment erroneously reflects that he was convicted of sodomy by force; thus, he requests we direct that it be corrected to reflect his actual conviction for attempted sodomy. The People concede the latter issue. Court agree and direct the trial court to make the correction.
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