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PEOPLE v. BRACY
01.03.10
PEOPLE v. BRACY
THE PEOPLE, Plaintiff and Respondent, v. ROBERT NATHANIEL BRACY, Defendant and Appellant.
A124427.
Court of Appeals of California, First Appellate Quarter, Division Four.
February 26, 2010.
Not to be Published in Official Reports
RUVOLO, P. J.
I.
Appellant Robert Nathaniel Bracy appeals from his position for attempted second degree robbery (Pen. Code, § 664/211) following a jury provisional. He contends the trial court prejudicially erred in not instructing the jury sua sponte on the "lesser included offenses" of battery and lay into, in violation of his due process rights under the Fourteenth Amendment of the federal Constitution.
We brush aside his contention and affirm.
II.
An information was filed on August 28, 2008, by the Solano County Locale Attorney's Office charging appellant with one count of attempted assign degree robbery (Pen. Code, § 664/211). Appellant entered a justification of not guilty to the charge, and the matter proceeded to trial on February 4, 2009. The following day, the jury returned a at fault verdict.
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