P. v. Amiel
A jury convicted Mark Adam Amiel (defendant) of second degree commercial burglary (counts 2 and 5; Pen. Code, 459),[1]petty theft with a prior conviction (count 3; 666), and second degree robbery (count 4; 211). The jury found true the allegation that defendant personally used a deadly or dangerous weapon during the commission of the robbery. ( 12022, subd. (b)(1).) In a bifurcated proceeding, the trial court found that defendant had suffered a prior serious or violent felony conviction under the Three Strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and a prior serious felony conviction under section 667, subdivision (a)(1), and had served a prior prison term under section 667.5, subdivision (b). The trial court sentenced defendant to 13 years and four months in state prison.
On appeal, defendant argues: (1) insufficient evidence supports the second degree robbery conviction, and (2) the trial court committed reversible error by not instructing the jury on attempted robbery. Court reject defendants arguments and affirm.
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