David Leonard Johnson v. California
AdministrativeLaw SocialSecurity Securities Immigration
Is the crime of receiving stolen property a lesser included offense of robbery, and if so, was the trial court's failure to instruct on receiving stolen property as a lesser included offense prejudicial error?
QUESTION(S) PRESENTED . I. IS THE CRIME OF RECEIVING STOLEN PROPERTY : A LESSER INCLUDED OFFENSE OF ROBBERY, AND IF SO, WAS THE TRIAL COURT'S FAILURE. TO ; INSTRUCT ON RECEIVING STOLEN PROPERTY AS : A LESSER INCLUDED OFFENSE PREJUDICIAL ~ ERROR? ; ; Il. ; DID THE PROSECUTION PRESENT SUFFICIENT EVIDENCE APPELLANT'S TWO PRIOR ASSAULT ; CONVICTIONS QUALIFIED AS STRIKE AND SEROIUS FELONY PRIORS UNDER CALIFORNIA ‘ . . LAW, AND IS ANY DECISION THAT THE ; PROSECUTION'S EVIDENCE WAS SUFFICIENT INCOMPATIBLE WITH Déscamps v. U.S. 7 ; So (2013) 570 U.S. U.S. (133 S.Ct. 2276) : BECAUSE IT WOULD REQUIRE JUDICIAL FACT-FINDING BEYOND THE ELEMENTS OF THE : PRIOR CONVICTIONS? (i).