People v. Blackwood CA5

INTRODUCTION

Appellant Joshua Leroy Blackwood was convicted by jury of second degree robbery (Pen. Code, § 211).1 The trial court sentenced Blackwood to a term of three years in state prison. Blackwood raises the following issues on appeal: (1) there is insufficient evidence to support his conviction for robbery based upon the existence of an uncharged conspiracy; (2) the trial court prejudicially erred by instructing the jury on aiding and abetting and the natural and probable consequences doctrine because there was no evidence to support either instruction; (3) defense counsel committed ineffective assistance of counsel by failing to object to these jury instructions; and (4) the trial court erred by failing to hold a hearing on his ability to pay various fines and fees pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). The judgment is affirmed.

PROCEDURAL HISTORY

On April 10, 2018, the Stanislaus County District Attorney filed an information charging Blackwood with one count of robbery (§ 211). The information further alleged he had suffered three prior prison term convictions within the meaning of section 667.5, subdivision (b). On June 8, 2018, Blackwood was…