P. v. Robinson
A jury found defendant guilty of two counts of robbery (Pen. Code, 211)[1](counts 1 and 2), one count of kidnapping during the commission of a carjacking ( 209.5) (count 3), and one count of carjacking ( 215, subd. (a)) (count 4). As to each count, the jury found true that another principal was armed with a firearm. ( 12022, subd. (a)(1).) Defendant was sentenced to a total term of life plus five years in state prison as follows: life with the possibility of parole on count three, plus one year for the firearm enhancement; a consecutive three-year term on count 1, plus a consecutive one-year term for the firearm enhancement; sentence on the remaining counts were stayed pursuant to section 654. On appeal, defendant contends (1) there was insufficient evidence to support the jurys finding that the robbery in count 1 was committed under an aiding and abetting theory; and (2) the carjacking conviction in count 4 should be reversed because it is a necessarily included offense of count 3. Court agree with the parties that count 4 should be reversed but reject defendants remaining contention.
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