P. v. Robinson
After a jury trial defendant Lonnie Dale Robinson was found guilty of three counts of robbery of the second degree (Pen. Code, 211, 212.5).[1] In a second phase of the trial the jury also found true allegations that defendant had previously been convicted of five serious felony counts of robbery. Sentenced to state prison for an aggregate term of 105 years to life, defendant appeals. Defendant contends that (1) there is not sufficient evidence to uphold the convictions of robbery and that the trial court erred prejudicially in: (2) denying a motion to sever three other counts of robbery (as to which the jury was ultimately unable to agree and which were dismissed); (3) denying a motion in limine to bar evidence of his identification by two victims at a show up shortly after the robberies of which he was convicted; (4) failing to instruct on attempted robbery as a lesser included offense; (5) accepting the guilty verdicts; and (6) mistaking the scope of its discretion at sentencing.
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