P. v. Davis
Dion Davis (appellant) appeals his conviction by jury trial of second degree robbery (Pen. Code, 211)[1](count 1), grand theft of the person ( 487, subd. (c)) (count 2), and petty theft with a prior conviction ( 666, 484, subd. (a)) (count 3). In a bifurcated court trial, the court found true three prior strike allegations ( 1170.12, subd. (a)-(d), 667, subd. (d)), and four prior prison term allegations ( 667.5, subd. (b)).[2] Appellant contends his robbery and grand theft convictions are based on a legally insufficient theory, and his counsel was ineffective in failing to object thereto. He also contends the court erroneously failed to give a unanimity instruction, improperly instructed on reasonable doubt and committed sentencing error. The parties agree appellants convictions on grand theft and petty theft with a prior must be reversed because they are necessarily included offenses of appellants robbery conviction. Court concur and reverse counts 2 and 3. Court otherwise affirm.
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