P. v. Fowler
Defendants, Paul Douglas Fowler, Jr. and Brian Matthew Thomas, appeal after they were convicted of carjacking (Pen. Code,[1] 215, subd. (a)) and two counts of assault with a deadly weapon ( 245, subd. (a)(1)) and the jury found they personally used a deadly weapon in the commission of the carjacking. ( 12022, subd. (b)(2).) Additionally, Mr. Thomas appeals from his convictions for conspiracy to commit robbery ( 182, subd. (a)(1)) and unlawful driving or taking of a vehicle (Veh. Code, 10851, subd. (a)) and the findings he personally inflicted great bodily injury in the commission of both the carjacking and the aggravated assault and used a deadly weapon. ( 12022, subd. (b)(1), 12022.7, subd. (a).) Mr. Thomas argues there was insufficient evidence to support his count 2 aggravated assault conviction and he improperly received the upper term. Mr. Fowler argues there was insufficient evidence to support his count 4 aggravated assault conviction and the trial court improperly instructed the jury on aiding and abetting. Both defendants argue the trial court improperly instructed the jury on reasonable doubt and flight. The Attorney General argues the trial court should have imposed a court security fee as to each count. Both defendants argue no additional fines or penalties need be imposed. Court affirm with modifications.
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