P. v. Robinson
Gregory Stephen Knapp and Scott Anthony Robinson appeal the judgments following their conviction for attempted murder (Pen. Code, 187/664),[1] and first degree robbery in concert ( 211/213). The jury found true allegations that Knapp and Robinson personally inflicted great bodily injury ( 12022.7, subd. (a)), and that Robinson personally used a deadly weapon ( 12022, subd. (b)(1)). Knapp claims the trial court erroneously excluded evidence of an out-of-court statement he made and presented the case to the jury on an incorrect theory concerning infliction of great bodily injury. He also claims insufficient evidence that he personally inflicted great bodily injury or had suffered a prior strike conviction, and abuse of discretion in denial of his Romero motion to strike a prior serious felony conviction.[2] Robinson claims the trial court erred in failing to instruct the jury on the lesser included offense of attempted robbery, and committed error under section 654 in imposing sentences and great bodily injury enhancements for both robbery and attempted murder, and in imposing an incorrect sentence on the enhancement for the robbery. We will correct a sentencing error concerning the section 12022.7 enhancement to the robbery. Otherwise, Court affirm.
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