P. v. Johnson CA4/1
A jury convicted Skyler Ryan Johnson of one count of robbery (Pen. Code, § 211). Johnson admitted a prison prior (§ 667.5, subd. (b)) and a serious/violent felony prior conviction (§ 667, subds. (b)-(i)).
The trial court struck the prison prior and sentenced Johnson to the middle term of three years doubled because of the serious/violent felony prior conviction.
Johnson appeals contending the trial court erred in failing to rewrite his proposed jury instruction on use of force to include instructions on a theory that he had abandoned the stolen property before he used force. We will conclude there was no instructional error. Johnson does not contend the trial court had a duty to instruct on abandonment without request, the court had no duty to totally rewrite a proposed defense instruction, and there is no substantial evidence to support an instruction that Johnson abandoned the property before he used force.
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