P. v. Calhoun
Defendant Johanis Calhoun was convicted by a jury of two counts of second degree robbery (Pen. Code, 211) and one count of burglary (id. 459) in connection with the armed robbery of a convenience store. (Further undesignated section references are to the Penal Code.) The jury also found defendant personally used a firearm in connection with each of the offenses ( 12022.5, subd. (a)(1), 12022.53, subd. (b)). He was sentenced to an aggregate, unstayed term of 15 years in state prison. Defendant appeals contending: (1) the trial court erred in denying his motion for mistrial based on jury tampering; (2) the jury was improperly instructed on misleading statements and flight by defendant; (3) the prosecution committed misconduct in closing argument regarding the definition of reasonable doubt; (4) defense counsel provided ineffective assistance during his closing argument; and (5) the abstract of judgment misstates the offenses on which he was convicted. Court agree the abstract must be corrected but otherwise affirm the judgment.
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