P. v. Alvarado CA4/3
After Daniel James Alvarado shoplifted a bottle of rum and some cell phone accessories from a grocery store, he brandished a large knife while fleeing from store security officers. He was charged with two counts of robbery (one as to each security officer) and one count of petty theft. The information alleged Alvarado used a deadly weapon to commit both robberies: specifically, the knife as to count 1 and the bottle of rum as to count 2.
A jury acquitted Alvarado of the robbery charge in count 2, but found him guilty of the lesser included offense of petty theft. The jury also found him guilty of the petty theft charged in count 3. The jury was unable to reach a verdict on the other robbery count (count 1), resulting in a mistrial. A new jury later found Alvarado guilty of count 1 and found true the deadly weapon allegation involving his use of the knife. Alvarado appeals.
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