P. v. Carrion
A jury convicted appellant of attempted second degree robbery (Pen. Code, SS 664/211) and found that a personal knife use allegation was not true. (S 12022, subd. (b)(1).) The court found true the allegation that appellant had served a prior prison term and sentenced him to the middle term of two years in state prison, plus a one year prior prison term enhancement. (S 667.5, subd. (b).) Appellant claims that the jury may have relied on a legally incorrect theory because the jury instructions omitted an element of the offense; the prosecutor misstated the law; and the court did not give a clarifying instruction. Court agree and reverse.
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