People v. Tealer

Opinion

DELL, J. *

Defendant and his companion, Donald Wayne Henry, were convicted by a jury of a single count of attempted robbery. (Pen. Code, §§ 211, 664.) Having been sentenced to state prison for the term prescribed by law (Pen. Code, §§ 213, 664) as augmented by a finding of use of a firearm (Pen. Code, § 12022.5), defendant appeals.1

Although defendant has failed to appreciate the full significance of his strongest contention on appeal—and the only one with any substantial degree of merit—he has at least recognized the tip of a Griffin2 iceberg. Regrettably (since we think the…