Robertson

People v. Robertson

Bad Law
11 Cal. App. 4th 835·14 Cal. Rptr. 2d 572·1992 Cal. App. LEXIS 1422·92 Daily Journal DAR 16602·92 Cal. Daily Op. Serv. 9945
Court of Appeal of CaliforniaDecember 10, 1992F015828California1,515 words

Opinion

Opinion

Thaxter, J.

Appellant Harold Lloyd Robertson, Jr., was convicted by a jury of robbery (Pen. Code, § 212.5, subd. (b)) with a personal firearm use enhancement (§ 12022.5; count 1), possession of a firearm by an ex-felon (§ 12021, subd. (a); count 3), possession of stolen property (§ 496, subd. 1; count 9), and conspiracy to commit second degree robbery (§§ 182, subd. (a)(l)/212.5, subd. (b); count 10). The jury acquitted appellant on a second robbery count. It found true four of five overt acts alleged in the conspiracy count. In a bifurcated hearing, the trial court found that appellant had suffered a prior serious felony conviction (§ 667, subd. (a)) and had served three prior prison terms within the meaning of section 667.5, subdivision (b).

Appellant was sentenced to prison for 14 years and 8 months on the current charges. The court designated the sentence imposed in an earlier case (No. 40773A) as the subordinate term, stayed all but one year and four months of that term, and ordered it to run consecutively to the principal term.

On appeal appellant asserts he was denied effective assistance of counsel because of his trial attorney’s failure to present the testimony of several…

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