P. v.
Fosselman

 

 

 

 

Filed 1/29/07  P. v.
Fosselman CA6

 

 

 

NOT TO BE
PUBLISHED IN OFFICIAL REPORTS

 

California
Rules of Court, rule 977(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 977(b).  This opinion has not been certified for
publication or ordered published for purposes of rule 977.

 

 IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE
DISTRICT

 

 

THE PEOPLE,                                                                       H029595

 

                        Plaintiff and Respondent,                             (Santa
Clara County

                                                                                                 Superior
Court

            v.                                                                                
No. CC463969)

 

JEROME FOSSELMAN,

 

                        Defendant and Appellant.

_____________________________________/

 

            Defendant was convicted by jury trial of second degree robbery (Pen. Code, § 211,
212.5, subd. (c)) and carrying a concealed
dirk or dagger on his person (Pen. Code, § 12020, subd. (a)(4)), and the
jury found true the allegation that he had personally
used a deadly or dangerous weapon in the commission of the robbery (Pen.
Code, § 12022, subd. (b)(1)).  The court found true allegations that defendant
had suffered four prior serious felony convictions (Pen. Code, §§ 667, subds.
(a), (b)-(i), 1170.12) and five times served prison terms for felony
convictions (Pen. Code, § 667.5, subd. (b)).  Defendant was committed to state prison to serve an indeterminate
term of 25 years to life consecutive to a determinate term of 11 years.  On
appeal, defendant claims that the trial court erred in giving a prejudicially
erroneous instruction on the â€