People v. Smith

Opinion

TIMLIN, J.

I

Introduction

Vincent Leroy Smith (defendant) was found guilty, following a jury trial, of robbery (Pen. Code, § 211) 1 and kidnapping (§207), a lesser offense necessarily included in the charged offense of kidnapping for robbery. The jury also found to be true the sentence enhancement allegations that (1) defendant personally used a deadly and dangerous weapon, to wit, a can opener, in the commission of the robbery and in the commission of the kidnapping within the meaning of section 12022, subdivision (b) and (2) as to each of the crimes for which he was convicted, the…