People v. Spirlin

Opinion

HOLLENHORST, J.

I

Introduction

Following the close of the prosecution’s case-in-chief in a robbery trial, the defense rested without presenting any opening statement or evidence. Defendant made a Marsden1 motion, which was denied after a hearing. Thereafter, the jury convicted defendant of committing felony robberies of a Shell gas station on August 24, 1996, and September 20, 1996, while personally armed (Pen. Code, §§ 211, 12022.5, subd. (a) and 1192.7, subd. *123(c)(8)2), and in doing so, falsely imprisoning his victims. (§ 236.) The jury further found defendant guilty of three counts of…