People v. Torres

Opinion

LILLIE, P. J.

Rafael Torres appeals from judgment entered following a jury trial in which he was convicted of second degree robbery (Pen. Code, §211) with the finding that during the commission of the offense he personally used a deadly instrument, a screwdriver, within the meaning of Penal Code section 12022, subdivision (b), second degree burglary of a vehicle (Pen. Code, § 459), and assault with a deadly weapon or force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). He contends the court committed prejudicial instructional error, there was no substantial…