P. v. Richard
Defendant Dale Dwayne Richard (appellant) appeals from a judgment of conviction on multiple felony offenses, seeking reversal based on instructional error and prosecutorial misconduct. In addition, he contends the trial court improperly endorsed the prosecutor’s argument regarding an element of count ten, effectively directing a verdict on that count. We affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
On May 22, 2009, a Contra Costa County Grand Jury returned a bill of indictment charging appellant with the following felony offenses against Luis Soqui on February 5, 2009: first degree residential robbery (Pen. Code, §§ 211, 212.5, subd. (a))[1] (count one); kidnapping (§ 207, subd. (a)) (count two); attempted forcible oral copulation (§§ 288a, subd. (c)(2), 664) (count three); attempted willful, deliberate, and premeditated murder (§§ 187, subd. (a), 664, subd. (a)) (count four); criminal threats (§ 422) (count eight); false imprisonment by violence (§§ 236, 237, subd. (a)) (count nine); and assault with intent to commit a felony (oral copulation) during the commission of a first degree burglary (§ 220, subd. (b)) (count ten). In addition, the indictment charged appellant with a February 5, 2009 first degree residential robbery (§ 211, 212.5, subd. (a)) of James Johnson (count five).[2] As to each count, the indictment alleged that appellant had personally used a firearm in the commission of the offense. (§§ 12022.53, subd. (b); 12022.5, subd. (a)(1).) Appellant entered a plea of not guilty to all counts.
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