People v. Hernandez-Betancourt CA1/3

Filed 7/24/15 P. v. Hernandez-Betancourt CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A141070

v. EDGAR L. HERNANDEZ-BETANCOURT, (Marin County Super. Ct. No. SC184337A) Defendant and Appellant.

A jury convicted defendant Edgar L. Hernandez-Betancourt of second degree robbery of a check-cashing store, and the court sentenced him to three years in prison. (Pen. Code, § 211.) Defendant testified he was coerced into using drugs and robbing the store and claims on appeal that the jury was required to accept his duress defense in the absence of countervailing evidence. Defendant also claims the court did not adequately respond to the deliberating jury’s question concerning coerced drug use and that a proper…