Can the court change a finding of first degree robbery to second degree?

California, United States of America


The following excerpt is from People v. Castellano, 145 Cal.Rptr. 264, 79 Cal.App.3d 844 (Cal. App. 1978):

In addition, the court denied a motion for a new trial. Had the court disagreed with the finding of first degree robbery, it could have modified the verdict. The fact it did not do so permits the inference the court's omission of the robbery degree at the oral pronouncement of judgment was an oversight, rather than a deliberate modification of the verdict to second degree (People v. Hunt, supra, 19 Cal.3d 888, 896, fn. 7, 140 Cal.Rptr. 651, 568 P.2d 376).

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