PEOPLE v. HARRIS

Docket No. B073263.

22 Cal.App.4th 1575 (1994)

28 Cal. Rptr.2d 317

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY C. HARRIS et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Seven.

March 1, 1994.


Attorney(s) appearing for the Case

COUNSEL

Leonard Samuels and Jeffrey Liebowitz, under appointments by the Court of Appeal, for Defendants and Appellants.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Kenneth C. Byrne and Zaven V. Sinanian, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

JOHNSON, J.

Appellants were convicted of second degree robbery of a person attempting to use an automated teller machine. Appellant, Anthony C. Harris, appeals his conviction contending it was reversible error for the trial court to deny his motion for mistrial and to fail to instruct on the lesser offenses of theft and assault. He also contends it was error to use the fact of a single conviction to enhance his sentence under...

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