Blake

For his nine-day crime spree a jury convicted appellant, Tom Blake, of 10 counts of robbery, one count of attempted robbery, one count of catjacking, one count of burglary, one count of petty theft with a prior and one count of vehicle theft. The jury also found true numerous enhancement allegations of personal use of a dangerous or deadly weapon and of personally inflicting great bodily injury. The trial court sentenced appellant to a total term of 51 years and eight months as a second “strike” offender.

Appellant contends the evidence does not support the finding he used a noxious or caustic chemical spray as a dangerous or deadly weapon and thus the enhancements must be reversed on three of the counts. He also argues evidence he pushed one of his victims is insufficient evidence of force to sustain one of the robbery convictions. Regarding the same count, appellant argues the trial court had a sua sponte duty to instruct the jury with a definition of the quantum of force required to sustain a robbery conviction. Appellant next claims the enhancement imposed for having inflicted great bodily injury must be reversed because the information failed to provide adequate…