P. v. Bough
A jury convicted defendant Eric Denton Bough of second degree robbery (Pen. Code, S 211), second degree burglary (S 459), assault with a firearm (S 245, subd. (a)(2)), and misdemeanor destruction of evidence (S 135). The jury also found true allegations that defendant personally used a firearm in the commission of the robbery (S 12022.53, subd. (b)), burglary (S 12022.5, subd. (a)(1)), and assault (S 12022.5, subds. (a), (d)). The trial court sentenced defendant to 13 years in prison for the robbery, consisting of the middle term of three years plus an additional 10 years for the firearm enhancement. Sentences on the remaining felony counts were stayed pursuant to section 654.
Defendant's sole contention on appeal is that the trial court prejudicially erred in failing to instruct the jury sua sponte on brandishing a firearm, a purported lesser included offense of the firearm enhancements. Court affirm.
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