California Court of Appeal

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People v. Wardell, H031285

Following retrial after defendant's original convictions were reversed on appeal, a conviction for second-degree robbery and felony false imprisonment, as well as a sentence enhancement based on a true finding of personal use of firearm in the commission of crimes, are affirmed where: 1) substantial evidence supported defendant's conviction; and 2) a Penal Code section 12022.5(a) personal use of a firearm enhancement did not require specific intent and did not require sua sponte instructions on the meaning of the phrase "displays a firearm in a menacing manner". However, an increased restitution fund fine imposed on defendant after retrial is modified and reduced to the amount provided in defendant's original sentence.

Appellate Information

  • Decided 05/20/2008
  • Published 05/20/2008

Judges

  • MIHARA, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Gene David Vorobyov, Under Appointment by the Sixth District Appellate Program, for Appellant.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Christina Vom Saal, Deputy Attorney General, for Respondent.
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