Velasco

Filed 3/13/

CERTIFIED FOR PARTIAL PUBLICATION*

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D066979

Plaintiff and Respondent,

v. (Super. Ct. No. FVI1002669)

ROBERT FRANK VELASCO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County,

Eric M. Nakata, Judge. Affirmed in part; reversed in part; remanded with directions.

Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant

and Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,

Eric A. Swenson and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and

Respondent.

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of parts II and III. The jury convicted Robert Frank Velasco of attempted first degree robbery (Pen.

Code,1 §§ 664/211; count 1); assault with a firearm (§ 245, subd. (a)(2); count 4);

possession of a firearm by a felon (§ 1201, subd. (a)(1); count 5); and street terrorism

(§ 186.22, subd. (a); count…