People v. Epperson

Opinion

NEEDHAM, J.

Penal Code section 213, subdivision (a)(1)(A), 1 establishes an increased sentencing range for first degree robbery when the crime is committed inside an inhabited dwelling by a defendant “voluntarily acting in concert with two or more other persons.” Appellant James David Epperson argues this provision applies only to completed robberies and was improperly used to increase his sentence for four counts of attempted first degree residential robbery. He further contends that even if section 213, subdivision (a)(1)(A), may be used to increase the sentence for attempted robbery,…