P. v. Kose CA4/1
A jury convicted Wani Juma Kose of one count each of robbery (Pen. Code, § 211; count 1), attempting to dissuade a witness from prosecuting a crime (§ 136.1, subd. (b)(2); count 2), and bribery of a witness (§ 138, subd. (a); count 3). Kose later admitted a prior strike conviction (§§ 667, subd. (b) & 1170.12) and allegations that he committed counts 2 and 3 while released from custody on bail (§ 12022.1, subd. (b)). After denying Kose's new trial motion, the trial court sentenced him to a term of 12 years in prison.
Kose appeals, contending (1) the trial court misinstructed the jury with a pinpoint instruction regarding the definition of perpetrators that lessened the prosecution's burden and deprived him of a fair trial, (2) insufficient evidence supported his robbery conviction, (3) the trial court abused its discretion by denying his new trial motion, and (4) the trial court failed to understand its discretion when it imposed a consecutive sentence as to count 2
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