Defendant's burglary conviction is affirmed where the trial court erred by failing to instruct the jury on the claim-of-right defense, which requires substantial evidence that the defendant, in good faith, believed the property taken from the victim belonged to his co-principal, but the error was harmless because the instruction could not have influenced the verdict.
Filed August 26, 2009
Opinion by Judge Butz
Michael P. Farrell, Assistant Attorney General, San Francisco, CA
Ivan P. Marrs, Deputy Attorney General, San Francisco, CA