People v. Burgan CA4/1

California Court of Appeal Jan 7, 2014 No. D064075Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that a conviction for petty theft must be reversed because it is a lesser included offense of robbery when both are based on the same course of conduct. Consequently, the court ordered a reduction in the associated court assessments.

Issues

Whether petty theft is a lesser included offense of robbery when based on the same course of conduct.
Whether the court operations and facilities assessments must be reduced following the reversal of a conviction.

Disposition. Affirmed as modified

Quotations verified verbatim against the opinion

“Theft in any degree is a lesser included offense to robbery, since all of its elements are included in robbery.”

“When two charged offenses are based on the same criminal act or course of conduct and, according to the statutory elements test, one offense is a lesser included offense of the other, the defendant cannot be convicted of both offenses.”

Filed 1/7/14 P. v. Burgan CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064075

Plaintiff and Respondent,

v. (Super. Ct. No. SCN314662)

STEELE ANDREW BURGAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kathleen

M. Lewis, Judge. Affirmed as modified with directions.

Alex Kreit, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Andrew Mestman and Steve

Oetting, Deputy Attorneys General, for Plaintiff and Respondent.

In January 2013, Steele Andrew Burgan entered a shop, held a knife to the owner's

face and ordered her to give him money. The owner ran out of the shop. Burgan then ran

out. When the owner returned to the shop, she found her cash drawer damaged and more

than $200 missing. Sheriff's deputies apprehended Burgan and found the money on his

person.

A jury found Burgan guilty of robbery with personal use of a deadly weapon (Pen.

People v. Burgan CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064075

STEELE ANDREW BURGAN,

More from California Court of Appeal

Related research

DISPOSITION

HALLER, J.

IRION, J.

AI Brief