Randle

Appellant Felix T. Randle (appellant) appeals from a judgment entered following a jury trial in which he was convicted of second degree robbery in violation of Penal Code section 211. He also admitted to the court that he had suffered a prior Penal Code section 667, subdivision (a) conviction of a serious felony (robbery). Appellant was sentenced to state prison for the upper term of five years for the robbery, and the court imposed an additional five-year enhancement for the prior conviction.

Contentions on Appeal

Appellant contends as follows on this appeal: (1) The trial court erred in failing to instruct on two lesser included or related offenses. (2) His admission of the prior conviction was constitutionally defective. (3) The modified version of CALJIC No. 2.06 (efforts to suppress evidence) which the trial court gave was an improper pinpoint instruction. (4) Appellant’s objection to certain testimony should have been sustained because it was hearsay.

Statement of Facts

Viewed in accordance with the usual rules of appellate review (People v. Barnes (1986) 42 Cal.3d 284, 303 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ]), the evidence established that on March 3, 1990, at…