P. v. Reil
A jury convicted defendant Robert Luis Reil of conspiracy to commit robbery, count 1 (Pen. Code, §§ 182, subd. (a)(1), 211; all further statutory references are to the Penal Code), murder with special circumstance that murder was committed during an attempted robbery, count 2 (§§ 187, 190.2, subd. (a)(17)(A)), and participation in a criminal street gang, count 3 (§ 186.22, subd. (a)). They also found firearm enhancements (§ 12022.53, subds. (d), (e)(1)) and gang enhancements (§ 186.22, subd. (b)). The information also alleged a strike prior (§ 667, subds. (b)-(i), a serious felony prior (§ 667, subd. (a)(1)), and three prison prior enhancements (§ 667.5, subd. (b)). The prior conviction allegations were dismissed. The court sentenced defendant to 25 years to life on count 2, 25 years to life for the gun enhancement for a total of 50 years to life. The court stayed sentence on counts 1 and 3 and the gang enhancement on count 2 under section 654.
In his appeal defendant contends insufficient evidence supports the conspiracy to commit robbery or the murder count. He also contends the court erred by instructing the jury that the testimony of his girlfriend required supporting evidence and in failing to instruct on involuntary manslaughter. The evidence was sufficient and there was no instructional error. We therefore affirm the judgment.
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