People v. Lofton CA4/1

I. INTRODUCTION

Bryan Keith Lofton appeals his second degree robbery conviction. Lofton contends that the jury lacked substantial evidence to find he used force or fear to commit the offense and that he received ineffective assistance of counsel. He also argues the trial court erred in allowing the People to amend the information late in the trial, that the court committed reversable error by failing to give the jury a unanimity instruction, and the court abused its discretion when declining to dismiss Lofton’s prior strike. Finding no merit to any of these claims, we affirm.

II. BACKGROUND

A. Factual Background In May 2021, Lofton entered a convenience store in Riverside County, armed with a screwdriver in his pocket. He walked the aisles, grabbed items off shelves, and stuffed them in his waistband underneath his shirt. He also removed cleaning products from shelves, pouring their contents into a bottle. The assistant store manager, T.A., watched Lofton on the store’s surveillance cameras from a back office. When Lofton made his way to the employee rest area, T.A. came out of the office and asked Lofton what he was doing, which appeared to startle Lofton. As the two stood…