P. v. Smith
Defendant appeals from the judgment entered following a jury trial which resulted in his conviction of carjacking (Pen. Code, S 215, subd. (a)) and the trial court's findings Smith previously had been convicted of three serious felonies within the meaning of the Three Strikes law (Pen. Code, SS 667, subd. (a)(1), (b) (i); 1170.12, subds. (a) (d)) and had served two prison terms (Pen. Code, S 667.5, subd. (b)). The trial court struck two of Smith's Three Strikes prior convictions and sentenced him to a term of 20 years in state prison.
Smith contends (1) he was denied due process of law and his conviction must be reversed because there is insufficient evidence to support his guilt as the actual perpetrator of the carjacking and the trial court failed to instruct the jury on the intent required for guilt as an aider and abettor and (2) the trial court erred by denying his motions for acquittal and a new trial. Court affirm the judgment.
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