P. v. Willison
Defendant stole the purse of an 89-year-old woman, Sadie Steiner (Sadie/victim) by grabbing it out of the shopping cart where she had placed it. After defendant took the purse, Sadie fell to the ground and sustained injuries. When defendant tried to escape with the purse, several bystanders chased after him. Defendant tried to fend them off by brandishing a tire iron[1]but they eventually captured and detained him until police arrived. On appeal, defendant asserts that (1) the trial court failed to sua sponte instruct on diminished actuality, (2) defense counsel rendered ineffective assistance by failing to request diminished actuality instructions, (3) the jurys deadlock on the elder abuse count was tantamount to a finding of not true on the section 667.9 and section 12022.7 elderly victim enhancements, and (4) section 654 bars imposition of multiple punishment for the section 667.9 and section 12022.7 enhancements. Court reject all of defendants claims and affirm the judgment.
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