People v. Rivas CA4/3
G052012
| Cal. Ct. App. | Aug 25, 2016Background
- On an October night Rivas attacked a female jogger with a knife; the victim survived and told officers she thought the attacker intended to rob her and had offered belongings to stop the assault.
- Police arrested Rivas nearby; a knife with both the victim’s and Rivas’s blood was found near the arrest site and blood-stained gloves matching both were recovered from Rivas’s home.
- Rivas did not testify; a friend said Rivas had been drinking, showed a knife earlier, and left saying they were going to get money.
- A jury convicted Rivas of attempted murder, mayhem, and assault with a deadly weapon.
- Defense requested jury instruction on attempted robbery as a lesser offense of attempted murder; the trial court refused because attempted robbery is not a lesser included offense and the prosecution objected to instruction on an uncharged related offense.
- Rivas appealed arguing the prosecutor’s closing suggested attempted robbery as a motive, triggering the court’s duty to give an attempted robbery instruction; the Court of Appeal affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court must sua sponte instruct on attempted robbery (an uncharged, lesser-related offense) | Prosecution: no duty to instruct on lesser-related offenses absent request and agreement; prosecution objected to such instruction | Rivas: prosecutor’s argument suggested attempted robbery as motive, functionally like an information, so jury should have an attempted robbery verdict option | Court: no duty to instruct on lesser-related uncharged offense where prosecution objects; denial was correct |
Key Cases Cited
- People v. Ceja, 49 Cal.4th 1 (2010) (prosecutorial charging discretion is not generally supervised by courts)
- People v. Richardson, 43 Cal.4th 959 (2008) (same principle regarding prosecutorial discretion)
- People v. Moore, 51 Cal.4th 386 (2011) (trial court must instruct sua sponte on lesser included offenses when substantial evidence supports them)
- People v. Lam, 184 Cal.App.4th 580 (2010) (no sua sponte duty to instruct on lesser-related offenses)
- People v. Babaali, 171 Cal.App.4th 982 (2009) (definition and limits of lesser-related offenses)
- People v. Birks, 19 Cal.4th 108 (1998) (uncharged lesser-related offense instructions are improper without prosecution agreement)
- People v. Robinson, 63 Cal.4th 200 (2016) (discusses limits on prior appellate authority)