People v. Williams CA1/4

I.

INTRODUCTION

Appellant Karibu Alatif Williams appeals following a jury trial which resulted in his conviction for second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)).1 He contends the trial court prejudicially erred in delivering to the jury two written instructions which had been withdrawn by counsel, and which, therefore, had not been orally read by the court. We agree that the trial court erred in including these two withdrawn instructions in the jury’s packet of written instructions, but we find the error to have been harmless. Accordingly, we affirm the judgment and sentence.

1 All further statutory references are to the Penal Code, unless otherwise indicated. In addition to his second degree robbery conviction, following a bifurcated court trial, the court found true a prior conviction and strike allegation. Those findings are not challenged or material to this appeal.

II.

GENERAL PROCEDURAL AND FACTUAL BACKGROUNDS

A criminal information was filed on March 20, 2012, by the Contra Costa County District Attorney alleging that appellant had committed second degree robbery (§§ 211, 212.5, subd. (c)) of Eric Rojo. The information also alleged appellant was…