People v. Smith

I.

Introduction

Vincent Leroy Smith (defendant) was found guilty, following a jury trial, of robbery (Pen. Code, § 211) and kidnapping (§207), a lesser offense necessarily included in the charged offense of kidnapping for robbery. The jury also found to be true the sentence enhancement allegations that (1) defendant personally used a deadly and dangerous weapon, to wit, a can opener, in the commission of the robbery and in the commission of the kidnapping within the meaning of section 12022, subdivision (b) and (2) as to each of the crimes for which he was convicted, the victim of the robbery was a person 65 years of age or older, and that such condition was known and reasonably should have been known to defendant. (§ 667.9, subd. (b).) Prior to trial defendant admitted one element of the sentence enhancement alleged under section 667.9, subdivision (b), namely, that he had a prior conviction for robbery. Defendant waived jury on the further sentence enhancement allegation that he had previously been convicted of robbery with the use of a deadly weapon within the meaning of section 667 and, after discharge of the jury, admitted the truth of the allegation.

Defendant…