P. v. Armstrong CA2/7
Jaison Armstrong was convicted after a jury trial of second degree robbery. On appeal Armstrong, who conceded at trial he had participated with two other men in the theft of merchandise from an electronics store, contends there was insufficient evidence to support the jury’s finding the theft was accomplished by means of force or fear and, therefore, a robbery. Armstrong also challenges the sufficiency of the evidence to support the jury’s findings a principal had used a firearm during the commission of the offense and the robbery was committed for the benefit of, or in association with, a criminal street gang. We affirm the conviction and true findings on the enhancement allegations, but remand for the trial court to exercise its discretion whether to strike or dismiss the firearm-use enhancement pursuant to newly amended Penal Code section 12022.53, subdivision (h).
Comments on P. v. Armstrong CA2/7