P. v. Moton CA4/1
A jury convicted Hasani Valentino Moton of second degree robbery (Pen. Code, § 211; count 1) and of being an accessory after the fact to the crime of robbery (§§ 32, 211; count 2). The court sentenced Moton to the low term of two years in prison for count 1 and a middle term of two years for count 2, with the sentences to run concurrently.
On appeal, Moton contends: (1) there was insufficient evidence of force used against the victim to support his convictions for robbery or being an accessory after the fact to robbery, (2) the court failed to instruct the jury on a lesser included offense of theft, (3) there was insufficient evidence to uphold convictions for both being an aider and abettor to robbery and an accessory after the fact to robbery because they were based on the same factual act, i.e. being the getaway driver, and (4) if count 2 is not reversed, the sentence should be stayed pursuant to section 654.
Comments on P. v. Moton CA4/1