Can a defendant appeal his conviction for first degree burglary and assault with the intent to commit rape?
California, United States of America
The following excerpt is from People v. Montiel, G046514 (Cal. App. 2013):
Citing the recent decision in People v. Dyser (2012) 202 Cal.App.4th 1015 and claiming his "intent was the critical issue at trial," defendant argues the trial court's failure to instruct the jury that first degree burglary and assault with the intent to commit rape are lesser included offenses of section 220(b) requires reversal of his conviction. While we agree the trial court erred in instructing the jury, the error was harmless.
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