Dixon

On an appeal from a judgment of conviction following a court trial, we conclude in the published portion of our opinion that the trial court did not improperly induce appellant’s waiver of his right to a jury trial with a promised benefit. In addition, we decide the trial court did not err in excluding as unreliable a hearsay declaration by the codefendant purporting to exonerate appellant. In the unpublished portion of our opinion, we determine there is sufficient evidence to support the verdicts, that appellant received adequate notice of the personal-use-of-a-deadly-weapon enhancement found true by the trial court, and that the trial court did not abuse its discretion in denying appellant’s motion for new trial. Finally, we order that a clerical error appearing in the abstract be corrected.

PROCEDURAL HISTORY

Appellant Larry Dixon, Jr., was found guilty after a court trial of four counts of second degree robbery (Pen. Code, § 211). He was found not guilty of being an ex-felon in possession of a firearm. The court also concluded that Dixon had personally used a deadly weapon (a pellet or BB gun), a violation of section 12022, subdivision (b), and a lesser included…