P. v. Escutia
Appellant, was convicted by a jury of second degree robbery and assault with a deadly weapon, a knife. The jury further found that appellant personally used a deadly weapon in the commission of the robbery. Appellant challenges the assault with a deadly weapon conviction and personal use of a deadly weapon finding on two grounds. According to appellant, he could not be convicted of assault with a deadly weapon because it is a necessarily included offense of robbery with a personal use of a deadly weapon enhancement. Appellant further argues that there was insufficient evidence to establish that he personally used a knife in the commission of the robbery and assault. Judgment Affirmed.
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