P. v. Melody CA4/3
A jury convicted Sean Patrick Melody of two counts of first degree robbery in concert (Pen. Code, §§ 211; 212.5, subd. (a); 213, subd. (a)(1)(A); counts 4 and 5), but accepted Melody’s principal argument at trial that he was not the robber who held a gun to the victims’ heads, finding the alleged personal use of a firearm enhancements (Pen. Code, § 12022.53, subd. (b)) not to be true. (All further unlabeled statutory references are to the Penal Code.) When the jury could not reach a verdict on count 3, assault with a firearm (§ 245, subd. (b)), the trial court declared a mistrial and thereafter granted the People’s motion to dismiss the count. At the close of evidence, the court also had granted Melody’s motion to dismiss counts 1 and 2 alleging kidnapping (§ 209, subd. (b)(1)), finding the movement of the victims incidental to the robbery. Following the jury’s verdict, Melody in a bifurcated proceeding pleaded guilty to possession of a firearm by a probationer (§ 2
Comments on P. v. Melody CA4/3