People v. Runnion

Opinion

CORRIGAN, J.

Defendant appeals from a judgment following conviction by jury of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (b)) and personal use of a firearm (Pen. Code, §§ 1203.06, subd. (a)(1), 12022.5, subd. (a).) Defendant alleges the court’s instruction that the word “firearm” includes “handgun” violated due process by removing a necessary element of the use clause from the jury’s consideration and amounted to a directed verdict as to that element. We disagree and, accordingly, affirm.

Statement of Facts

Around 11:30 p.m. on March 3, 1993, defendant went into a 7-Eleven…