People v. Miramon

Opinion

BEACH, J.

A jury found appellant guilty of burglary (Pen. Code, § 459) and robbery (Pen. Code, § 211). The jury also found to be true the allegations that appellant had used a knife in committing the two offenses (Pen. Code, § 12022, subd. (b)) and that he had served a prior prison term for a felony conviction (Pen. Code, § 667.5, subd. (b)). The trial court sentenced appellant to state prison.

Appellant appeals, claiming (1) improper instruction of the jury on the offense of robbery, (2) insufficient evidence to sustain the robbery conviction, (3) prosecutorial misconduct, and (4)…