Does the Attorney General have any grounds to appeal against Cole's conviction for grand theft?

Cole did not object to the court's conduct and his counsel on appeal points to no evidence of prejudice. We refuse to join in suggested speculation the rendering of a jury verdict after two and a half hours of resumed deliberations, may have been influenced by the court. On the face of this record we are satisfied there is no showing of jury pressure which makes us in the least "uncertain of the accuracy and integrity of the stated conclusion." (People v. Gainer, 19 Cal.3d 835, 850, 139 Cal.Rptr. 861, 566 P.2d 997.)

The grand theft conviction must be reversed because it is a necessarily lesser included offense of the crime of robbery. People v. Moran, 1 Cal.3d 755, 763, 83 Cal.Rptr. 411, 463 P.2d 763, dictates this result and the Attorney General concedes.

The grand theft conviction is reversed. Otherwise the judgment is affirmed.

COLOGNE, Acting P. J., and WIENER, J., concur.

1 All references are to the Penal Code unless otherwise specified.