P. v. Foster
Filed 7/17/06 P. v. Foster CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION EIGHT
| THE PEOPLE, Plaintiff and Respondent, v. SANTONIO FOSTER, Defendant and Appellant. | B183424 (Los Angeles County Super. Ct. No. NA 059106) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Mark C. Kim, Judge. Affirmed.
Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson and Lisa J. Brault, Deputy Attorneys General, for Plaintiff and Respondent.
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Santonio Foster appeals his judgment of conviction claiming insufficiency of evidence to support the verdict and failure to instruct the jury on a lesser included offense. We find no error and affirm.
An information charged appellant with second degree robbery (count one), criminal threats (count two) and attempted carjacking (count three). As to all counts, it was alleged that appellant had suffered two prior violent or serious felonies that qualified as strikes and two prior serious felony convictions and that he had served six prior prison terms.
Appellant pleaded not guilty, and the court granted appellant's motion to proceed in pro. per. In the initial trial, the jury was unable to reach a verdict. The court declared the jury hopelessly deadlocked and declared a mistrial.
Upon retrial, the court granted appellant's request for bifurcation of the alleged priors. In the first phase, the jury found appellant guilty of the crimes charged. The court then granted appellant's request for appointment of counsel for trial of the prior conviction allegations and sentencing. Appellant waived his rights to a jury trial on the prior conviction allegations and admitted the prior prison term allegations. In exchange, the court granted appellant's motion to strike one of his two â€
