Bonner

Michael T. Bonner was found guilty of two counts of assault with a firearm, two counts of attempted robbery, burglary, possession of a completed check with the intent to defraud and possession of an altered identification card. As to the assault counts, it was found true Bonner used a firearm within the meaning of Penal Code section 12022.5, subdivision (a)(1). As to the attempted robbery and burglary counts, it was found true he was armed with a firearm within the meaning of section 12022, subdivision (a)(1).

Bonner appeals, arguing there was insufficient evidence to convict him of two counts of attempted robbery, and the trial court erred in failing to instruct concerning the defenses of necessity and duress, in allowing a late amendment of the information, and in failing to properly instruct concerning the crime of possession of an altered identification card and committed errors in sentencing.

Facts

A. Prosecution Case

1. Robbery

In June 1997, Kenneth Dixner was the manager of the Pickwick Hotel in downtown San Diego and Melissa Terry was his assistant. Each week Dixner, using the same routine, took cash and checks from the hotel to the bank. He would usually be…