People v. Gonzales
Opinion
Opinion
Bamattre-Manoukian, J.
Defendant Robert Gonzales appeals after conviction, by jury trial, of two counts of second degree robbery (Pen. Code, §§ 211, 212.5) and two counts of impersonating a public officer (§ 146a, subd. (b)). The jury found true allegations that defendant had served three prior prison terms (§ 667.5, subd. (b)). Defendant was sentenced to an aggregate prison term of seven years.
On appeal, defendant contends there was insufficient evidence to support his two convictions of impersonating a public officer and one of his robbery convictions. Defendant also contends the trial court gave erroneous instructions as to the offense of impersonating a public officer.
We will affirm the judgment.
I. BACKGROUND
A. Counts 1 and
Shortly after midnight on February 16, 1997, Melvin Oldeen and his wife were driving home from seeing a movie. He noticed a pickup truck on the side of the road. The truck had hit a light pole and the driver was attempting to dislodge it. Oldeen parked his car and approached the pickup truck, intending to render assistance. He recommended that the driver get out of the vehicle. Meanwhile, Oldeen’s wife went to a nearby house to call 911.