People v. Colbert CA1/4

Background Defendant was charged with second degree robbery (§ 211) and illegal possession of a firearm (§ 29800, subd. (a)(1)). As to the robbery count, the information alleged that during the commission of the robbery defendant

1 All statutory references are to the Penal Code unless otherwise noted.

1 personally used both a firearm (§§ 12022.5, subd. (a), 12022.53, subds. (b) & (g)) and a stun gun (§ 12022, subd. (b)(1)). The information further alleged that defendant had one prior serious felony conviction (§ 667, subd. (a)(1)), one prior strike conviction (§§ 667, subd. (e)(1), 1170.12, subd. (c)(1)), and a prison prior (§ 667.5, subd. (c)). At trial evidence was presented that on August 13, 2017, at around 2:30 p.m., a man and his two grandsons were robbed by two men. One displayed a gun and the other was carrying a taser. At trial, the man identified defendant as the robber who had the gun during the commission of the crime. Shortly after the incident, however, the man had identified defendant from a photographic lineup and reported that defendant was the man who had the taser. The jury convicted defendant of second degree robbery but acquitted him of possession of a…