Conviction for first degree murder, attempted second degree robbery and drug crime is affirmed where: 1) substantial evidence supports defendant’s conviction for attempted robbery; and 2) defendant’s argument that the court erred by admitting hearsay evidence is forfeited as trial counsel failed to object to admission of the evidence at trial. Sentence is vacated where: 1) the court erred in the sentencing of both attempted robberies as it incorrectly determined the length of one of the terms; 2) one of the sentences for attempted robbery must be stayed pursuant to Penal Code sec. 654 as the statute bars separate punishment for multiple offenses arising out of a single, indivisible course of action and the evidence supports the theory that the murder was committed as part of the attempted robberies; and 3) the abstract of judgment should be corrected to provide that defendant’s liability to pay the restitution order should be a joint and several liability.
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Appellate InformationAPPEAL from Los Angeles County Super. Ct. No. TA084532. SECOND APPELLATE DISTRICT, DIVISION SIXFiled August 13, 2009
JudgesBefore PERREN, J., GILBERT, P.J., COFFEE, J.Opinion by PERREN, J.
CounselFor Plaintiff: Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jason Tran, Dana M. Ali, Deputy Attorneys General.
For Defendant: Lynda A. Romero, under appointment by the Court of Appeal
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