People v. Reyes

Opinion

HARVEY, J. *

After a jury trial, defendant was convicted of one count of robbery (Pen. Code, § 211) 1 but acquitted of the special allegation that during the robbery he inflicted great bodily injury on a person who was 60 years of age or older. (§ 1203.09, subd. (a).) Defendant was sentenced to the upper term of five years. Defendant appeals, contending that the court erred in failing to consider defendant’s alcoholism as a circumstance in mitigation, by imposing the upper term for inflicting great bodily injury when he was acquitted of that charge by the jury, by instructing the jury…