P. v. Moody CA1/1
Defendant, Ronnie Lee Moody, was convicted of seven counts arising out of a crime spree during which he stole a car, attempted to rob a tourist, was involved in a hit and run accident, and ultimately resisted arrest. He claims the trial court erred in not instructing the jury on attempted theft as a lesser included offense and with pinpoint instructions on force. Defendant also asserts admission of evidence of injuries to the tourist’s husband violated his due process rights, and the sentence for one count of resisting arrest should have been stayed.
The People also appeal, asserting the trial court erred in granting defendant’s Romero motion. In supplemental briefing, defendant contends and the People agree that the true finding on one of the prior prison term allegations should be vacated. We conclude that finding must be reversed. In all other respects, we affirm the judgment.
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