P. v. Simpson
Defendant Lucas Eugene Simpson pleaded no contest to attempted first degree robbery and assault with a firearm. He also admitted allegations that he acted in concert with two or more persons and that he was armed with a firearm in the commission of the offense. The trial court ultimately sentenced defendant to seven years four months in prison.
Defendant now contends (1) he must be resentenced because the attempted robbery in concert did not occur within an inhabited dwelling as required by Penal Code section 213, subdivision (a)(1)(A)[1]; and (2) if we conclude his first contention is forfeited, his trial counsel was ineffective for failing to preserve the issue on appeal.
We conclude (1) defendant’s first contention is not cognizable on appeal, and (2) as for his second contention, he has not established that his trial counsel was deficient.
We will affirm the judgment.
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