P. v. Evans CA6
Defendant James Evans appeals following his conviction of attempted robbery (Pen. Code, §§ 211, 664), and burglary (§ 459). On appeal, defendant argues that there was insufficient evidence to support his robbery conviction based on the legally invalid theory that he intended to steal money, that the trial court erred in allowing the prosecutor to amend the information at the time of trial, that the prosecutor improperly ambushed defendant by raising a new theory of robbery during closing argument, and that defendant suffered ineffective assistance of counsel because his attorney failed to challenge the admission of testamentary evidence on confrontation grounds.
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