P. v. Askew
Following a jury trial, defendants Jimmy Eugene Askew and Edward Byrd were convicted of an attempted robbery and burglary of a store (first incident), an attempted robbery and attempted burglary of another store (second incident), and several firearm offenses. The jury also found that defendant Askew personally used a firearm and that a principal was armed with a firearm.
In their appeals from the judgment, defendants contend that: (1) as to the second incident, the intent and overt act elements of attempted robbery and attempted burglary were not proven; (2) the finding that a principal was armed with a firearm must be reversed because the allegation was omitted from the amended information; (3) defendant Askew’s abstract of judgment erroneously refers to a dismissed count; (4) they must be resentenced because the trial court did not obtain presentence probation reports; (5) defendant Byrd’s prior prison term enhancements must be stricken for insufficient evidence; and (6) they are entitled to additional presentence custody credits.
We reject defendants’ claims of insufficient evidence but conclude that their sentences must be corrected as discussed in this opinion. As modified, the judgment is affirmed.
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