People v. Burns

In the published part of this opinion, we discuss appellant?s claim that the trial court erred in not instructing the jury on grand theft from the person (Pen. Code, 487, subd. (c)), as a lesser included offense of robbery (Pen. Code, 211, 212.5, subd. (c)), the crime charged. We find no error because the "purse snatch" in this case, if it occurred at all, was a robbery and there is no substantial evidence that it was anything less. In the nonpublished portions of this opinion we reject claims that the trial court failed to give an appropriate witness/accomplice instruction, and that imposition of the upper term violated principles announced in Cunningham v. California (2007) 549 U.S. 270, and other cases. We shall affirm the judgment of conviction.