P. v. Dupois
Appellants Deandre D. Dupois and Melvin Rice were jointly charged with carjacking and second degree robbery with the use of a firearm (counts 1 and 2). (Pen. Code, 215, 211, 12022.53, subd. (b).)[1] The same information charged Rice with two additional counts of second degree robbery (counts 3 and 4) and Dupois with evading an officer (count 5). (Veh. Code, 2800.2, subd. (a).) In the first joint trial, Dupois was convicted of evading; however, the jury was unable to reach a verdict on the other counts and a mistrial was declared. After a second trial, appellants were convicted of the remaining charges. They appeal from the judgments entered following their convictions. Dupois contends counts 3 and 4, which only named Rice, should have been severed from his trial and there is insufficient evidence to sustain the finding that he used a firearm. Rice urges the court erred by instructing the jury with CALCRIM No. 376. Finding no error, Court affirm the judgments.
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