Walker

A jury convicted defendant Tyrone Davis Walker of two counts of robbery (Pen. Code, § 211; all further section references are to the Penal Code) and found that defendant personally inflicted great bodily. injury during the commission of the crimes (§ 12022.7). The trial court thereafter found that defendant had suffered a prior conviction for robbery (§§ 211, 667, subds. (a), (b)-(i), 1170.12) and had served two prior prison terms (§ 667.5, subd. (b)).

Sentenced to a total state prison term of 19 years, defendant contends: (1). The trial court erred prejudicially in instructing the jury as to accomplice testimony. (2) The court lacked jurisdiction to order defendant at sentencing to submit blood and saliva samples under section 296.

In the unpublished portion of the opinion, we shall conclude that the trial court’s error in instructing on the testimony of an accomplice did not prejudice defendant. In the published portion of the opinion, we shall conclude the trial court erroneously ordered defendant to submit blood and saliva samples under section 296.

We shall therefore strike the order to submit blood and saliva samples, but otherwise…