McElroy

Defendant Felix A. McElroy was convicted of fifteen counts of robbery with personal use of a firearm (Pen. Code, §§ 211, 12022.5), ten counts of robbery while armed with a firearm (§§ 211, 12022, subd. (a)), two counts of robbery (§211), one count of attempted robbery with personal use of a firearm (§§ 664/211, 12022.5) and one count of attempted robbery while armed with a firearm. (§§ 664/211, 12022, subd. (a).) McElroy was sentenced to state prison for an aggregate term of 31 years and 8 months.

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Summary of Contentions on Appeal

McElroy raises numerous contentions on appeal, challenging several of the judgments of conviction (i.e., counts 7, 9, 15, 25 and 26), and further challenging the propriety of the sentence imposed by the trial court.

McElroy raises four different challenges to the judgments of conviction. First, he contends the evidence was insufficient to support the conviction on count 7 (robbery) because there was no evidence any property was taken from the victim. Second, McElroy claims there was insufficient evidence to support the convictions on counts 25 (robbery) and 26 (robbery), contending the eyewitness identification of him as the perpetrator of…