P. v. Wells
Appellant Stacey L. Wells was charged with two counts of second degree robbery in violation of Penal Code[1]section 211. It was also alleged that Wells personally used a firearm within the meaning of section 12022.53, subdivision (b), and that he had suffered seven prior convictions pursuant to sections 667, subdivisions (b)-(i) and 1170.12, subdivisions (a)-(d), as well as one prior conviction pursuant to section 667, subdivision (a)(1).
On appeal, he contends that (1) the trial court erred in not giving a special jury instruction on eyewitness identification; (2) the trial court erred in excluding opinion testimony about the difficulty in distinguishing between real and replica firearms; and (3) the abstract of judgment incorrectly states appellant was convicted of two counts of first degree robbery. With the exception of the latter contention, Court find no error and affirm the judgment.
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