P. v. Smith
The defendant, Todd Michael Smith, also known as “Casper,†along with two others, committed a home invasion robbery of the residence of Amber F. and Harley B., stealing property from the bedrooms of each victim. Defendant had gone to the residence looking for Josh V., whom he blamed for the recent home invasion robbery of defendant’s girlfriend. Christina R., also looking for Josh, accompanied defendant and a third male to the residence of Amber and Harley, where they heard Josh could be found. Defendant was convicted of two counts of residential robbery (Pen. Code,[1] §§ 211, 213, subd. (a)(1)(A)) following a jury trial. Defendant eventually admitted one prison prior (§ 667.5, subd. (b)), and one prior conviction for a serious felony (nickel prior). (§ 667, subd. (a).) He was sentenced to an aggregate term of nine years in prison and appealed.
On appeal, defendant argues that (a) there is insufficient evidence to support the conviction of robbery of Harley; (b) the imposition of the increased court security fee, pursuant to the amended provisions of section 1468.5, was improper; and (c) his right to effective assistance of counsel was violated by his trial attorney’s failure to adequately challenge his identification. We modify the judgment to reduce the court facility fee, but otherwise affirm.
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