P. v. Fallow
A jury convicted Scott Lee Fallow of robbery (Penal Code[1] 211, count 1); personal use of a firearm ( 12022.53, subd. (b), count 1 enhancement); attempted carjacking ( 215, subd. (a), 664, count 2); personal use of a firearm ( 12022.53, subd. (b), count 2 enhancement); and possession of a firearm by a felon ( 12021 subd. (a)(1), count 3).
The trial court sentenced Fallow to a total of 13 years as follows: a midterm of three years on count 1 with a ten-year enhancement for personal use of a firearm, and a concurrent term of two years for count 3. The court imposed and stayed the midterm of two years plus six months for the attempted carjacking conviction, and ten years for the additional firearm use allegation.
Fallow contends: (1) the trial court prejudicially erred by omitting the definition of "taking" from the standard CALJIC No. 9.46 instruction regarding carjacking and (2) insufficient evidence supported the attempted carjacking conviction. Court reverse the count 2 conviction and its enhancement, but affirm the judgment in all other respects.
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