People v. Epperson
Annotate this CaseEpperson and two codefendants armed themselves with guns and forcibly entered the Eustice home, where they threatened, robbed and attempted to rob Eustice and her guests. Police arrived while the robbery was ongoing because a guest called 911 on his cell phone. Epperson was convicted of two counts of first-degree robbery (Penal Code 211, 212.5(a)); four counts of attempted first-degree robbery (sections 211, 212.5(a), 664); and one count each of first-degree burglary (section 459), false imprisonment by violence (section 236), assault with a firearm (section 245(a)(2), and criminal threats (section 422), with enhancement allegations for personal use of a firearm (sections 12022.5(a), 12022.53(b)). The jury also found that Epperson acted in concert within the meaning of section 213(a)(1)(A). He was sentenced to prison for an aggregate term of 40 years, four months. The court of appeal modified the sentence for the firearm enhancement, but otherwise affirmed, rejecting an argument that section 213(a)(1)(A), which establishes an increased sentencing range for first-degree robbery committed inside an inhabited dwelling by a defendant voluntarily acting in concert with other persons applies only to completed robberies and that the trial court failed to adequately instruct the jury on the elements of that allegation in connection with the attempted robbery counts.
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