P. v. Smith
Defendants Shawn Smith and Chakel West were together charged with six counts of robbery (Pen. Code, § 211, counts 1-6).[1] Prior conviction and prison term allegations were alleged against Smith (§§ 1170.12, subds. (a)-(d), 667, subd. (b), 667.5). West was also charged with misdemeanor sexual battery (§ 243.4, subd. (e)(1), count 7). The trial court denied defendants’ motions to be tried separately. West represented himself at trial and testified in his own defense. The jury convicted defendants of all counts, and the trial court found Smith’s prior offense allegations to be true. Smith was sentenced to an aggregate term of 30 years to life in prison, consisting of 25 years to life under the Three Strikes law on count 1, and a five-year serious felony enhancement. He received the same sentence for the other counts, to run concurrently with count 1. West was sentenced to an aggregate prison term of eight years and six months, consisting of the midterm of three years on count 1, with consecutive one-year terms for counts 2 through 6 (consisting of one-third the midterm of three years), with a consecutive six-month sentence on the sexual battery count.
On appeal, Smith contends the trial court failed to instruct the jury, sua sponte, to view West’s testimony with caution; abused its discretion when it denied his motion to sever his trial from West’s trial; and abused its discretion under Romero[2] when it refused to strike one of his prior strike convictions. Defendant West contends the instruction on the robbery count did not properly define “temporary safety.†He also joins in any of Smith’s arguments that may inure to his benefit, but provides no individualized argument or analysis. Finding no merit in any of the above contentions, we affirm.
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