Dorsey

Rodney Dorsey and Charles S. Hall appeal from jury convictions of second degree robbery and assault with force likely to produce great bodily injury. They contend that the trial court erred in denying a mistrial based on juror misconduct, and by refusing a requested jury instruction on grand theft as a lesser included offense of robbery. In addition, Dorsey claims sentencing error. The People acknowledge that the record of the sentencing hearing in respect to Dorsey is ambiguous and confusing and that there should be a remand for resentencing. In the unpublished portion of this opinion we direct that the action against Dorsey be remanded for resentencing. In all other respects, we affirm the judgments against both appellants.

I

Factual and Procedural Background

On April 3, 1993, at 11:45 p.m., Marybeth Tormey and her sister were walking to Tormey’s apartment in the San Francisco Marina District when they were accosted by a young Black male on Pierce Street between Chestnut Street and Toledo Way. As the man crossed their path, he said, “Hey, what’s up?” Tormey’s sister started to run away. The man lunged at Tormey, who fell into the street. As Tormey lay in the street,…