P. v. Navarette CA6
Defendant Joe Hernandez Navarette committed a series of armed robberies at various stores and restaurants in Salinas. A jury found him guilty on eight counts of second degree robbery and two counts of assault with a firearm. (Pen. Code, §§ 211, 245, subd. (a)(2).) The jury also found Navarette personally used a firearm in the commission of each offense. He admitted two prior prison terms and a prior strike conviction. The trial court imposed a total term of 51 years in prison.
Navarette raises four claims on appeal. First, he contends the evidence was insufficient to support the two convictions for assault with a firearm. Second, he contends the trial court erred by failing to instruct the jury on brandishing a firearm as a lesser included offense of assault with a firearm. We find these claims without merit.
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