Hunter

*264 Opinion

After a one-day jury trial, appellant was convicted of three counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)), 1 and a single count of second degree commercial burglary (§§ 459, 460, subd. (b)). The jury also found appellant had used a firearm in the commission of three of the four offenses. (§ 12022.53, subd. (b).) The court sentenced appellant to a total prison term of 13 years, including the mandatory 10-year consecutive sentence for the firearm enhancement.

At the commencement of trial defense counsel advised the court that appellant admitted the charged robberies and burglary “and we’re only challenging the gun. [f] I don’t anticipate putting on any witnesses that will talk about the gun that was allegedly used. What I am going to be arguing is this lack of evidence to show that it is a real gun.”

After the presentation of evidence was completed, the prosecutor requested a “pinpoint instruction” telling the jury that the inability of appellant’s victims to say conclusively that the “gun” he used in the commission of the crimes was real “does not create a reasonable doubt as a matter of law that the gun was not a firearm.” Over appellant’s…