P. v. Lee
A jury convicted defendant Ozro Robert Lee of first degree residential burglary (Pen. Code §§ 459, 460, subd. (a); count 1),[1] indecent exposure after unlawful entry (§ 314, subd. (1); count 2), and two counts of child annoyance after trespass (§ 647.6, subd. (b); counts 4 and 5).[2] The court sentenced defendant to four years in prison.
On appeal defendant contends his child annoyance convictions must be reversed for insufficient evidence and that all the convictions must be reversed for jury instructional error. We agree the court erroneously instructed the jury that the People were not required to prove defendant’s motive for any crime. The error, however, was harmless beyond a reasonable doubt. We therefore affirm the judgment in its entirety.
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