Fleetwood

Robert Fleetwood appeals his conviction of robbery and burglary.

A jury found Fleetwood guilty of two counts of robbery in an inhabited dwelling, using a deadly weapon and inflicting great bodily harm (Pen. Code, §§ 211, 213.5, 12022, subd. (b), and 12022.7) and one count of burglary upon an inhabited dwelling using a deadly weapon (§§ 459, 460, and 12022, subd. (b)). The court sentenced him to prison for 11 years and 4 months.

Facts

Debbie B., a prostitute, had lived in a boarding hotel for two weeks when Fleetwood kicked in her door demanding money from her and her customer. After wounding each of them with a knife, he made off with a small amount of money.

Issues

The questions presented are as follows:

I

Fleetwood contends the court erred in sentencing him under section 213.5’s harsher sentence for residential robbery. On the burglary count, the judge told the jury: “An inhabited dwelling house is a structure which is occupied and customarily used as a dwelling, and the temporary absence of the occupants does not change its status as such.

“An occupied hotel room is a dwelling house within the meaning of this definition. ”

On the robbery counts, the judge told…