P.v . Young
A jury convicted Duane Andrew Young of three counts of robbery (Pen. Code, 211) and three counts of being a felon in possession of a firearm ( 12021, subd. (a)(1)). The jury also found that Young had personally used a firearm during the robberies ( 12022.53, subd. (b)), and he had four prior convictions, one serious prior and one strike prior ( 667.5, subd. (b), 667, subd. (a), 1170.12, 1192.7). The trial court sentenced Young to 36 years in prison.
Young's three robbery convictions stemmed from two separate robberies a September 13, 2004 robbery outside a Hollywood Video store in Vista (counts 2 & 3) and a September 17 robbery outside a Jack-in-the-Box restaurant in Escondido (count 5). Young was also convicted on three counts of being a felon in possession of a firearm: once on September 13, once on September 17, and then on a third occasion when he was arrested on September 29, 2004 (counts 4, 6 & 10).
On appeal, Young contends we must reverse his convictions on one of the counts of robbery and on one of the counts of being a felon in possession of a firearm because they are not supported by substantial evidence. Court set out the facts relating to each of these contentions, and our resulting analysis, separately below.
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