People v. Overten

Opinion

WORK, J.

Maurice Overten appeals a judgment entered after a jury convicted him of first degree residential robbery (Pen. Code, 1 §§ 211, 212.5, subd. (a)) and found true the special allegation he was armed with a firearm during the commission of the offense (§ 12022, subd. (a)(1) 2 ). He contends the true finding to the firearm enhancement should be set aside because the prosecutor’s closing argument prejudicially misled the jury concerning the knowledge requirement for violating section 12022, subdivision (a)(1) as an aider and abettor and that the jury instruction defining vicarious…