P. v. Whitley
A jury found appellant Delmos Whitley (appellant) guilty as charged of two counts of second degree robbery. (Pen. Code,[1] 211.) At a bifurcated trial, the court found true the numerous prior convictions alleged in the information as qualifying as serious felonies ( 667, subd. (a)), strikes ( 667, subd. (e), 1170.12, subd. (c)), and prior prison terms ( 667.5, subd. (b)). The trial court sentenced appellant to two consecutive 25 years to life sentences under the Three Strikes law, enhanced 15 years for three prior serious felony convictions, for a total sentence of 65 years to life. On appeal, appellant contends that the trial court erred in denying his request for a jury instruction on the lesser included offense of theft. Appellant also claims that the People committed prosecutorial error which violated his due process rights. Court affirm the judgment.
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