P. v. Rice
A jury found Johnny Leon Rice guilty of five counts of robbery (Pen. Code,[1] 211; counts 1, 2, 3, 4 & 5) and one count of receiving stolen property ( 496d, subd. (a); count 6).[2] The jury also found true allegations that a principal was armed with a firearm during the commission of each offense ( 12022, subd. (a)(1)). After a bifurcated proceeding, the trial court found true allegations Rice had suffered four "strike" convictions under the Three Strikes Law ( 667, subds. (b)-(i), 1170.12) and had served three prior prison terms ( 667.5, subd. (b)). The court sentenced Rice to a total prison term of 154 years, consisting of six consecutive indeterminate 25-years-to-life terms for his convictions under the three strikes law, plus one year consecutive for the principal armed enhancement on count 1 (the others being stayed under 654) and three consecutive one-year terms for the prison priors.
Rice appeals, contending the trial court violated his constitutional rights by failing to preinstruct the jurors on the presumption of innocence and the standard of proof and prejudicially erred in instructing the jurors with CALJIC No. 2.52 on flight because identity was a contested issue and in failing to instruct the jurors on battery as a necessarily included offense of the count 2 robbery. Rice additionally asserts the court's failure to instruct on the necessarily included offense of battery constitutes federal constitutional error. Court affirm.
Comments on P. v. Rice