Kearns

Happy Germaine Kearns was arrested for, and admitted her participation in, four robberies. At trial, Kearns asserted that she was forced, under threats against her life, to commit the crimes. The jury convicted Kearns of robbery and commercial burglary charges arising from three of the four incidents. She appeals, contending the trial court erred in (1) denying her motion for new trial based on newly discovered evidence; (2) failing to instruct the jury, sua sponte, regarding the defense of necessity; (3) refusing her proffered pinpoint instructions on the defense of duress; and (4) excluding certain evidence relating to the person who forced her to commit the crimes. Kearns also asserts that her counsel’s failure to request an instruction on the necessity defense constitutes ineffective assistance. Finally, she contends the case must be remanded for correction of clerical errors in the abstract of judgment. The People concede that correction of the abstract of judgment is appropriate and we so order. Otherwise, we affirm the judgment.

Factual and Procedural Background

A. The Prosecution’s Case

1. Robbery of 7-Eleven Convenience Store (Counts 1 and 5)

In the evening…