People v. Espinoza

Opinion

THE COURT. *

Appellant was convicted after jury trial of robbery with the use of a deadly weapon and while armed with a firearm, and assault with a deadly weapon. He received the middle base term plus two weapons enhancements on the robbery, and a concurrent term on the assault.

Appellant contends the trial court improperly imposed two weapons enhancements for the same robbery and prejudicially erred in failing to instruct, sua sponte, that the jury had to agree on which act the assault with a deadly weapon was based. Respondent agrees with the former contention but disputes the latter.…