P.
P. v. Thomas CA2/5
Opinion
Opinion
I. INTRODUCTION
Defendant, Darnell James Thomas, was charged with second degree robbery. (Pen. Code,1 § 211.) During trial, however, the prosecutor orally amended the information to charge attempted robbery. The jury convicted defendant of attempted robbery. (§§ 664, 211.) The jury further found the crime was committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1)(C).) Defendant admitted the truth of the allegations concerning: 2 prior serious felony convictions (§ 667, subd. (a)(1)); 2 prior separate prison terms (§ 667.5, subd. (b)); and 13 prior serious or violent felony convictions (§§ 667, subds. (b)-(i), 1170.12). The trial court struck the additional punishment under section 667.5, subdivision (b). Defendant was sentenced to 35 years to life in state prison with a 15-year minimum parole eligibility. We modify the judgment to award defendant 110 days of conduct credit and to strike the $20 penalty imposed under Government Code section 76104.7, subdivision (a). We affirm the judgment in all other respects.
II. THE EVIDENCE
A. The Attempted Robbery
On August 18, 2011, Martha Gomez was walking north on Compton Boulevard near 108th Street. She was…