P. v. Moreno
Oscar Moreno appeals from the judgment following his conviction by jury of second degree robbery and assault. (Pen. Code, 211, 240.)[1] The jury found that he personally used a knife during the robbery and that both offenses were committed for the benefit of a criminal street gang. ( 12022, subd. (b)(1); 186.22, subd. (b)(1)(C).) The court found true the allegation that appellant had prior serious felony convictions. ( 1170.12, subds. (a)-(d); 667, subds. (b)-(i).) It sentenced him to serve 19 years in state prison, consisting of 4 years for robbery (twice the low term), a concurrent one-year term for assault, 10 years for the criminal street gang enhancement, and 5 years for the prior serious felony conviction. Appellant contends that the trial court erred by denying his requests for lesser included offense instructions. Court affirm.
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