Sering

— A jury convicted Richard Robert Sering on two counts of robbery (Pen. Code, § 211) and one weapon use enhance ment (§ 12022, subd. (a)). He received a total sentence of five years, less custody and time-served credits. Sering appeals, contending (1) the San Diego County Superior Court lacked territorial jurisdiction over the May 25 robbery because there was insufficient evidence to establish locus delicti in San Diego County, and (2) the trial court committed reversible error by not instructing the jury sua sponte on the general principles of locus delicti regarding the May 25 robbery.

Factual and Procedural Background

During April and May 1989, a series of robberies occurred involving delivery-type pizza establishments (pizza robberies) in northern San Diego County and southern Orange County. Sering was charged with two of those robberies: a May 25, 1989, robbery in San Clemente (the Orange County robbery) and a May 31, 1989, robbery in Vista (the San Diego County robbery). Each of the counts carried a special allegation charging Sering with a weapons use enhancement under section 12022, subdivision (a). The prosecutor introduced eyewitness testimony positively…