Weddles

In this robbery case, we must answer the following

question: “Am I my brother’s keeper?” The answer is, “yes.”

A jury convicted defendant Joshua Wayne Weddles of two counts of first degree residential robbery (Pen. Code, § 211—counts 1 and 2), first degree burglary (§ 459—count 4), making a criminal threat (§ 422-—count 5), and assault with force likely to produce great bodily injury (§ 245, subd. (a)(1)— count 6). The jury also found defendant personally used a firearm as to both robbery counts. (§ 12022.53, subd. (b).)

Sentenced to an aggregate term of 27 years four months in state prison, defendant appeals, claiming (1) insufficient evidence supports his conviction for robbery of Armando Navarette (Armando), (2) insufficient evidence supports his conviction of making a criminal threat, (3) the trial court erred by failing to give, sua sponte, a unanimity instruction as to the criminal threat count, and (4) the trial court committed multiple sentencing errors.

In the published portion of the opinion, we find that sufficient evidence supports defendant’s convictions for the robbery of Armando, who was forced at gunpoint to turn over to the robbers some $1,500 that…