P. v. Merritt CA4/2
A jury found defendant and appellant Andre Merritt guilty of two counts of robbery. (Pen. Code, § 211.) The jury found true the allegations that defendant personally used a firearm during both robberies. (§ 12022.53, subd. (b).) The trial court sentenced defendant to prison for a term of 19 years four months. Defendant raised two issues on appeal.
Our Supreme Court resolved the first issue in this case. (People v. Merritt (2017) 2 Cal.5th 819.) The first issue was whether the trial court erred by failing to instruct the jury on the crime of robbery—the whole instruction was omitted. (CALCRIM No. 1600.) The Supreme Court concluded the error was harmless. (Merritt, at p. 832.)
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