People v. Scott

Opinion

AGLIANO, P. J.

I

Following a jury trial Richard Scott was convicted of two counts of robbery (Pen. Code, 1 § 211) with the use of a firearm. (§ 12022, subd. (a).) In a bifurcated trial to the court, various recidivist allegations were found true. On appeal, defendant contends the court committed instructional and sentencing error. We affirm.

Background

On August 24, 1986, at approximately 1:00 p.m., Mary Maier returned to her car, a gold-colored 1985 Buick Regal, license number 1PYR985, after shopping at the Emporium in San Jose. After she entered the car a man she later identified as…