P. v. Thompson
Filed 3/15/06 P. v. Thompson CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. JAMES WINTER THOMPSON, Defendant and Appellant. | C048297
(Super. Ct. No. 04F01838)
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Defendant James Winter Thompson severely bludgeoned the owner of a barbershop and left with his jacket and cash. Convicted of second degree robbery (Pen. Code, § 211)[1] and assault with a deadly weapon (§ 245, subd. (a)(1)), with true findings on related enhancements as well as prior conviction and prison term allegations, defendant argues the trial court erroneously failed to give (or defense trial counsel ineffectively failed to request) an instruction on the lesser included offense of theft, and that the court partially directed a verdict in the People's favor on the priors by instructing the jury that defendant was the individual identified in the documentary exhibits used to establish the priors. Since these arguments are meritless, we shall affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
In the late afternoon of February 24, 2004, Eduardo Guerreo walked into Tom Tran's barbershop on Stockton Boulevard in Sacramento to get a haircut. Guerreo did not see Tran, but a heard a different voice from a curtained-off area say, â€
