Lamb

A jury convicted Daniel Lamb of robbery (Pen. Code, § 211) while using a deadly weapon (§ 12022, subd. (b)). The court sentenced him to serve four years in prison: the middle term of three years for robbery enhanced by one year for use of the weapon. Lamb appeals.

Around 11 p.m. on May 12, 1987, Dennis English and Lance McKinney, two sailors in downtown San Diego, asked a man if he knew where to go for entertainment. The three walked together and talked, and a fourth man, Lamb, joined them. Lamb held a box cutter to English’s throat and demanded money. English gave him $40. Lamb asked for more. Meanwhile, the first man English and McKinney spoke to said, “Get his wallet.” Lamb then said to McKinney, “Give us your money too or I am going to cut him.” English managed to escape and ran down the block, seeing a police officer. Meanwhile, McKinney began to back away from Lamb and his accomplice and the assailants walked off. The assailants split up and McKinney followed Lamb until English and an officer arrived. The officer arrested Lamb.

During trial, at the conclusion of testimony, the court gave the jury 25 general instructions. It then permitted counsel to make closing…