P. v. Singh
A jury convicted defendant Sanjeet Singh of carjacking (Pen. Code, 215, subd. (a); further statutory references are to the Penal Code) and second degree robbery ( 211, 212.5, subd. (c))). It found that he personally used a knife ( 12022, subd. (b)(1)) in the commission of the carjacking, but not in the commission of the robbery. Imposition of sentence was suspended and defendant was placed on probation for five years on the conditions, among others, that he serve one year of incarceration with 195 days of credit and pay a $200 restitution fine ( 1202.4) and a $200 restitution fine suspended unless probation is revoked ( 1202.44).
On appeal, defendant contends (1) his trial counsel rendered ineffective assistance by expressly refusing jury instructions on lesser included offenses of robbery, (2) the jury was erroneously instructed with CALJIC No. 2.21.2 on rejection of witness testimony, and (3) the stayed restitution fine must be stricken because section 1202.44 cannot be applied retroactively to this case; the Attorney General concedes this point. Court modify the judgment.
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