Scott
People v. Scott
Opinion
Opinion
Agliano, J.
I.
Following a jury trial Richard Scott was convicted of two counts of robbery (Pen. Code, § 211) with the use of a firearm. (§ 12022, subd. (a).) In a bifurcated trial to the court, various recidivist allegations were found true. On appeal, defendant contends the court committed instructional and sentencing error. We affirm.
Background
On August 24, 1986, at approximately 1:00 p.m., Mary Maier returned to her car, a gold-colored 1985 Buick Regal, license number 1PYR985, after shopping at the Emporium in San Jose. After she entered the car a man she later identified as defendant opened the driver’s door and told her to get out. Ms. Maier did as she was ordered and the man and a companion got into the car and drove away.
About an hour after the theft of Ms. Maier’s car, Mark Mansheim, a sales clerk for Walgreen’s in San Jose, noticed a man wandering around the camera department and asked if he needed help. After a brief conversation the man, later identified as Lorenzo Fosselman, picked out an audio cassette carrying case and brought it to the counter where Mansheim rung up the sale. Fosselman withdrew a pistol from under his jacket and said, “Give me your money and…