P. v. Reyes CA2/8
A jury convicted defendant Chesare Rene Reyes of one count of assault by means likely to produce great bodily injury, one count of second degree robbery, three counts of criminal threats, and one count of resisting a peace officer. On the robbery and criminal threats counts, the jury found true that defendant personally used a dangerous weapon in the commission of the crimes. On appeal, defendant contends that insufficient evidence supported his robbery conviction, the trial court erred in failing to sua sponte instruct jurors on the lesser included offense of attempted criminal threats, and the trial court erred in imposing full one-year sentences for the weapon enhancements on two of the three criminal threat convictions. The People agree that the court erred in its sentence and also point out that the abstract of judgment is incorrect in another respect. We order correction of the abstract. In all other respects, we affirm.
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