PEOPLE v. MOREHEAD
This case arose out of three bank robberies, one attempted bank robbery, and several related offenses committed over a period of three days (April 14, 21, and 22) in 2008.[1] A San Bernardino County jury found Melwatt Morehead, Jr. (Morehead) guilty of three counts of second degree robbery (counts 1, 3, & 4: Pen. Code,[2] § 211), one count of attempted second degree robbery (count 2: §§ 211, 664), four counts of assault with a deadly weapon or by means likely to produce great bodily injury upon a peace officer (counts 5-8: § 245, subd. (c)) one count of misdemeanor resisting a peace officer (count 9: § 148), and four counts of second degree commercial burglary (counts 10-13: § 459).
Following a bifurcated court trial, the court found true allegations that Morehead had been convicted of two prior strike offenses (§§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i)) and two serious felonies (§ 667, subd. (a)(1)), and had two prison priors (§ 667.5, subd. (b)). The court sentenced Morehead to a total prison term of 200 years to life plus 10 years.
Morehead appeals the judgment, contending (1) his four convictions of robbery and attempted robbery must be reversed because the court failed to sua sponte instruct the jury that the victims' fear must have been reasonable; (2) his four convictions of robbery and attempted robbery must be reversed because there was no substantial evidence of any reasonable fear on the part of the victims; and (3) the judgment and abstract of judgment must be corrected to give him 40 days of presentence conduct credits, for a total credit of 308 (not 268) days for time served.
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