P. v. Hernandez CA2/6
Emigdio Hernandez, Jr., walked into a 7-Eleven, took some beer, and walked out without paying. When the store owner tried to retrieve the beer, appellant attacked him. A jury convicted appellant of robbery (Pen. Code, § 211)1 rather than the lesser offenses of theft and battery. Appellant contends the prosecutor committed prejudicial misconduct by encouraging the jury to consider punishment when she mentioned that the robbery was a felo
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