People v. Soto CA2/4
Opinion
Opinion
Collins, J.
INTRODUCTION
Defendant Antonio Soto appeals from the judgment entered following his conviction by jury of robbery, attempted robbery, commercial burglary, and possession of a firearm as a felon, with special allegations regarding use of a gun and prior felony convictions. Soto was sentenced to a total term of 100 years to life and was ordered to pay various fines and fees. Soto contends his trial counsel rendered ineffective assistance by failing to investigate the viability of a voluntary intoxication defense and that the trial court erred in denying his motion for a new trial on that basis. He also claims there was insufficient evidence to support the findings on his prior convictions and that the court gave an erroneous jury instruction regarding the burden of proof. We reverse the verdict with respect to one of Soto’s prior convictions and remand to the trial court for further proceedings on that issue. We further order the abstract of judgment to be modified to reflect an additional $120 in court security fees and $90 in criminal conviction assessments. In all other respects, the judgment is affirmed.