P. v. Kendrick
A jury convicted defendant Donald Ray Kendrick of 14 counts of second degree robbery arising out of six bank robberies. (Pen. Code, §§ 211, 212.5, subd. (c); all further statutory references are to this code.) The trial court thereafter found true allegations defendant had three serious felony priors (§ 667, subd. (a)(1)) that also served as strike priors (§ 667, subds. (d), (e)(2)(A)), and five prison priors (§ 667.5, subd. (b)). It struck the prison priors for sentencing purposes only, denied defendant’s motion to strike the other priors, and sentenced defendant to 165 years to life, consisting of consecutive terms of 25 years to life on counts 1, 3, 5, 7, 10, and 13, plus additional five year terms for each of the three prior serious felonies.
Defendant contends the court erred in failing to sua sponte instruct the jury on the defense of necessity and abused its discretion in denying his motion to strike the prior serious felony convictions. Finding no error, we affirm the judgment.
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