P. v. Scott CA4/2
Defendant Anthony Dewayne Scott drove the getaway car for an armed second degree robbery committed by another person. (Pen. Code, § 211.) A jury convicted defendant on two counts: 1) for aiding and abetting and 2) as an accessory after the fact. The court sentenced defendant to a determinate prison term of 11 years.
On appeal, defendant argues his conviction for accessory after the fact must be reversed because he cannot be convicted as a principal and accessory to the same crime. We agree with the parties that defendant’s one-year prison prior in case No. FSB804234 should be stricken not stayed. Subject to that modification, we affirm the judgment.
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