P. v. Pinkney
A jury convicted defendant Jaudohn Ansar Pinkney of first degree residential burglary in concert, assault by means of force likely to produce great bodily injury, battery causing serious bodily injury, and robbery. The jury found that defendant personally inflicted great bodily injury upon the victim, Roberto Hernandez. The trial court sentenced defendant to an aggregate of 12 years in prison.
Defendant now contends (1) in connection with the robbery conviction, the trial court prejudicially erred by instructing the jury on the natural and probable consequences doctrine of aider and abettor liability, because the prosecution did not rely on that theory; (2) defendant’s trial counsel rendered ineffective assistance by failing to object when the trial court made a dual use of Hernandez’s great bodily injury to impose upper terms and sentence enhancements; and (3) there was insufficient evidence of defendant’s ability to pay the jail booking and classification fees, and no evidence of the actual administrative costs associated with his arrest and booking to support the imposition of a fee for those costs.
We conclude (1) although the trial court should not have included a sentence pertaining to the natural and probable consequences doctrine in its instructions, it is not reasonably probable that defendant would have achieved a more favorable result had that sentence not been included; (2) defendant has not shown that his trial counsel rendered ineffective assistance; and (3) defendant forfeited his fee claims by failing to object in the trial court.
We will affirm the judgment.
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