Vorbach

Richard Harold Vorbach was charged by information in count I with burglary (Pen. Code, § 459), count II with robbery (§ 211), count III with burglary, count IV with assault with a deadly weapon (§ 245, subd. (a)), and count V with robbery. It was further alleged as to all counts he was armed with a knife (§ 12022, subd. (b)) and as to counts III, IV and V he inflicted great bodily injury (§ 12022.7). In addition, it was alleged he had served three prison terms. Jury was waived and following trial he was found guilty of assault with a deadly weapon both as a lesser included offense of robbery (count II) and as charged in count IV. The special allegations and one prison commitment were found true. All other charges were dismissed.

Vorbach alleges all the elements of assault with a deadly weapon (count II) were not proven, the evidence does not support either conviction, and assault with a deadly weapon is not a lesser included offense of robbery.

This is a tale of the risks of employment in the illicit drug trade. Donald Alexandrian (the victim in counts I and II) testified Vorbach arrived at his house and demanded drugs. When Alexandrian refused, Vorbach left returning…