P. v. Miller CA4/2
A jury convicted DeJohn Miller and Steffen Luther Fields, Jr. of two counts of robbery (Pen. Code, § 211, unlabeled statutory citations refer to this code), in Miller’s case accomplished with a firearm. Defendants, who were tried together, argue it was error to instruct the jury it could find them individually guilty based on finding they acted collectively to deprive the victims of property by fear. Miller argues it was error for the trial court to bar him from showing the tattoos on his hands during closing argument. Fields argues his trial counsel provided ineffective assistance when he failed to object to a victim identifying him in open court. Finally, Miller appeals the firearm enhancements to his sentence (§ 12022.53, subd. (b)) because the Legislature gave trial courts the discretion to strike such enhancements after his sentencing, but before final judgment.
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