P. v. Fuller
A jury convicted defendant, James Fuller, of two counts of first degree home robbery (Pen. Code, 211/212.5, subd. (a))[1]and one count each of trespass (Pen. Code, 602),[2]dissuasion of a witness ( 136.1, subd. (c)(1)), possession of a billy club ( 12020, subd. (a)(1)) and resisting a police officer ( 148, subd. (a)(1)). The jury further found that defendant had suffered a prior conviction which was both serious and constituted a strike ( 667, subds. (a),(c) & (e)). Defendant was sentenced to prison for 19 years and appeals, claiming his motion for severance should have been granted and the jury was misinstructed. Court reject his contentions and affirm while directing the trial court to amend the abstract of judgment to correct errors therein.
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