P. v. Marchant CA1/5
A jury found David Alan Marchant guilty of three counts of attempted robbery, and four counts of robbery. The trial court sentenced Marchant as a third strike offender and applied various sentencing enhancements, resulting in a total sentence of 148 years to life in prison. Marchant appeals. First, Marchant contends the court violated his due process rights by admitting evidence of a pretrial identification that was “the product of an unreliable, unduly suggestive identification process.” Second, he argues there was insufficient evidence he was the person who attempted to rob Tan’s Donuts, or that he attempted to rob both persons inside the shop. Third, he contends there was insufficient evidence he robbed one of the two victims at a Shell gas station, and, with regard to the same charge, he contends the court should have instructed the jury that attempted robbery was a lesser included offense. Fourth, he argues the court was unaware of its discretion under the three strike
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