P. v. Charette
Following a court trial, defendant was convicted of robbery (Pen. Code, S 211; count 1) and petty theft with a prior conviction (S 666; count 2). Both convictions were based on defendant's theft of a $3.99 tube of Fixodent from a Target store. Defendant admitted he had three prior serious felony convictions (S 667, subd. (a)) and three prior strike convictions, based on three burglary convictions in 1977, 1978, and 1983 (SS 667, subds. (b) (e), 1170.12). The trial court struck the 1977 and 1978 prior strike convictions pursuant to defendant's Romero motion, and sentenced defendant to 19 years in prison.
Defendant appeals, contending that: (1) insufficient evidence supports his robbery conviction because there was no evidence he used force or fear in attempting to escape from the Target store with the stolen merchandise; (2) his conviction in count 2 for petty theft with a prior conviction must be reversed because it is a lesser included offense of robbery; (3) his Faretta motion was erroneously denied; and (4) his 19 year sentence constitutes cruel and unusual punishment under the state and federal Constitutions.
The People concede, and court agree, with defendant's second contention that his conviction for petty theft with a prior conviction must be reversed because it is a lesser included offense of robbery. Court find defendant's other contentions without merit. Court therefore modify the judgment to reverse defendant's conviction in count 2, and affirm the judgment in all other respects.
Comments on P. v. Charette