Higareda

A jury convicted appellant of nine counts of robbery (Pen. Code, §211) and one count of discharging a firearm with gross negligence (§ 246.3), found true firearm allegations (§§ 12022.5, 12022, subd. (a)(1)), acquitted appellant of three counts of robbery, and could not reach a verdict on one robbery count (later dismissed). Appellant was sentenced to a 23-year, 8-month state prison term.

Appellant contends: (1) the trial court’s special “force and fear” instruction constituted a directed verdict; (2) the trial court erred in ruling his confession voluntary; (3) the sentencing judge erred in refusing to order that appellant be “transferred to the custody of the Youth Authority” (Welf. & Inst. Code, § 1731.5, subd. (c)); (4) the sentence for discharging a firearm with gross negligence (§ 246.3) violated section 654; and (5) the trial court erred in its reasonable doubt instruction.

We find no prejudicial error and affirm the judgment.

Factual Background

Because proof of guilt was overwhelming and appellant makes no insufficiency of evidence claim, we synopsize the evidence. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228…