P. v. Melendez
Defendant Juan Felipe Melendez appeals after conviction, by jury trial, of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)),[1] attempted second degree robbery (§§ 664, 211, 212.5, subd. (c)), possession of a silencer (former § 12520), possession of material with intent to make a destructive device (former § 12312), possession of metal knuckles (former § 12020, subd. (a)(1)), dissuading a witness (§ 136.1, subd. (c)(1)), and conspiracy to commit robbery (§ 182, subd. (a)(1)). The jury found true allegations that he personally used a firearm in the commission of the robbery and attempted robbery (§ 12022.53, subd. (b)), personally used a firearm in the commission of the conspiracy (§ 12022.5, subd. (a)), and was armed with a firearm while dissuading a witness (§ 12022, subd. (a)(1)). Defendant pleaded guilty to possession of a controlled substance. (Health & Saf. Code, § 11377, subd. (a).) He was sentenced to a 16-year prison term and ordered to pay a number of fees and fines.
On appeal, defendant contends the prosecutor committed misconduct that was prejudicial as to count 5, his conviction of possession of material with intent to make a destructive device. (Former § 12312.) We will order the judgment modified to include applicable penalty assessments on the fees and fines, but otherwise affirm.
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