The People v. Hartway CA3

Filed 9/6/13 P. v. Hartway CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C066249

Plaintiff and Respondent, (Super. Ct. No. 09F06864)

v.

RICKY HARTWAY,

Defendant and Appellant.

Following a jury trial, defendant Ricky Hartway was convicted of two counts of robbery and one count of attempted robbery. The jury also found defendant was personally armed with a firearm during the commission of these crimes. The court sentenced defendant to an aggregate term of six years two months in state prison. Defendant appeals, claiming instructional error and ineffective assistance of counsel. We affirm.

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FACTUAL AND PROCEDURAL BACKGROUND

Prosecution’s Case Crystal Moore, assisted by her…