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Name: People v. Gefrerer
Case #: D082223
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/06/2024

Trial court properly declined to instruct the jury on grand theft as a lesser included offense of robbery, where there was no substantial evidence defendant took the property without force or fear. Defendant entered two banks, each time passing the teller a note stating, “Give me $5000. Don’t play.” The tellers were afraid and complied, and defendant departed with the money. The Court of Appeal affirmed defendant’s two robbery convictions, concluding that no substantial evidence supported giving the lesser instruction on theft. Even if the record contained substantial evidence, the doctrine of invited error would bar defendant’s argument that the court erred by not including the theft instruction, as trial counsel conceded during closing argument that the prosecution had proved two robberies took place, and the theft instruction was inconsistent with defendant’s identity defense.

The full opinion is available on the court’s website here: