People v. Higareda

Opinion

WOODS (Fred), J.

A jury convicted appellant of nine counts of robbery (Pen. Code, 1 §211) and one count of discharging a firearm with gross negligence (§ 246.3), found true firearm allegations (§§ 12022.5, 12022, subd. (a)(1)), acquitted appellant of three counts of robbery, and could not reach a verdict on one robbery count (later dismissed). Appellant was sentenced to a 23-year, 8-month state prison term.

Appellant contends: (1) the trial court’s special “force and fear” instruction constituted a directed verdict; (2) the trial court erred in ruling his confession voluntary; (3) the…