David Leonard Johnson v. California
AdministrativeLaw SocialSecurity Securities Immigration
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?
II.
DID THE PROSECUTION PRESENT SUFFICIENT
EVIDENCE APPELLANT'S TWO PRIOR ASSAULT
CONVICTIONS QUALIFIED AS STRIKE AJ'D
SEROIUS FELONY PRIORS UNDER CALIFORNIA
LAW, AND IS ANY DECISION THAT THE
PROSECUTION'S EVIDENCE WAS SUFFICIENT
INCOMPATIBLE WITH Dscamps v. U.S.
(2013) 570 U.S. U.S. (133 S.Ct. 2276)
BECAUSE IT WOULD REQUIRE JUDICIAL
FACT-FINDING BEYOND THE ELEMENTS OF THE
PRIOR CONVICTIONS?
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?