People v. Wolcott

Opinion

BROUSSARD, J.

Defendants Robert Johnston and Charles Wolcott bring a consolidated appeal from judgments of conviction for robbery, attempted robbery, and other crimes. They raise several contentions, which we resolve as follows:

*96(1) We reject Johnston’s contention that the trial court should have instructed sua sponte that assault with a deadly weapon is a lesser included offense in a charge of robbery enhanced by use of a firearm. As we explain, the contention fails on three grounds: assault is not a lesser included offense in robbery; a “use” enhancement is not part of the accusatory…