People v. Santoyo CA1/5

Filed 9/12/16 P. v. Santoyo 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE,

Plaintiff and Respondent, A144703

v. (Solano County Super. Ct. No. FCR305934)

GABRIEL H. SANTOYO,

Defendant and Appellant. _____________________________________/

A jury convicted Gabriel H. Santoyo of second degree robbery (Pen. Code, § 211) 1 and the trial court found he had a prior serious felony conviction (§ 667, subd. (a)(1) (serious felony prior)) and had served a prison term for that conviction (§ 667.5, subd. (a) (prison prior)). The court sentenced Santoyo to three years in state prison. Santoyo appeals. He contends the court erred by failing to instruct the jury with CALCRIM No. 358, which…