P. v. Carothers CA4/3
Charged with second degree robbery, but convicted by a jury of only the lesser included offense of attempted robbery (Pen. Code, §§ 211, 212.5, subd. (c)), defendant Tyler Lance Carothers appeals after being sentenced to 12 years in prison—two years for the attempted robbery and one five-year term for each of two prior serious felony convictions (§§ 667, subd. (a)(1), 1192.7). He contends the jury’s not guilty verdict on the robbery charge precludes, as a matter of law, a guilty verdict for attempted robbery given the specific facts of his case. We disagree and affirm the judgment.
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