Marquez

Defendant Joseph Antony Marquez was convicted by jury of two counts of robbery. (Pen. Code, § 211; further statutory references are to the Penal Code unless noted otherwise.) He was acquitted of being a felon in possession of a firearm. (§ 12021, subd. (a).) The court found true allegations defendant suffered two prior serious felony convictions within the meaning of section 667, subdivision (a) and the three strikes law. (§§ 667, subds. (b)-(i), 1170.12.) Sentenced to state prison, defendant appeals contending: (1) the court abused its discretion by excluding expert opinion testimony concerning a photographic lineup; and (2) there is not substantial evidence to support the two robbery verdicts. We conclude there is only substantial evidence to support one of the two counts of robbery. We will strike defendant’s conviction for the robbery charged in count 2 and otherwise affirm. In so doing, we hold in the published portion of the opinion that when a defendant steals by force or fear more than one item during the course of an indivisible transaction involving a single victim, he commits only one robbery notwithstanding the number and ownership of the items he…