P. v. Morales
Miguel Angel Sanchez Morales appeals from the judgment entered following his conviction by a jury of the second degree robbery of Rudy Cortez (count 1) and the second degree robbery of Javier Aguilar (count 2). (Pen. Code, 211, 212.5.)[1] As to count 2, appellant admitted an allegation that he had personally used a firearm. ( 12022.5, subd. (a).) Appellant was sentenced to prison for seven years.
As to both counts, appellant contends that the evidence is insufficient to show the asportation element of robbery. As to the robbery of Aguilar (count 2), appellant contends that the evidence is insufficient to show the force or fear element. Appellant's remaining contentions are: (1) the trial court committed several errors in its instructions to the jury, and (2) he is entitled to additional presentence custody and conduct credits. Only the last contention has merit. We modify the judgment to reflect the correct number of days of presentence custody and conduct credits. Court affirm the judgment in all other respects.
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