The opinion of the court was delivered by: Robie,j.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Jahmal Stanford was convicted of two counts of attempted robbery. The jury also sustained allegations he was armed in the commission of both offenses. He was sentenced to five years in prison.
Defendant appeals, contending it was error to instruct on conspiracy as it is not a valid theory of liability. We shall modify the award of credits and otherwise affirm.
Defendant lived in an apartment complex behind a shopping center which contained a smoke shop. He knew that Guillermo Hernandez operated a check cashing business in the shop.
On December 11, 2007, defendant asked co-defendants James Williams and Donald Santos if they wanted to rob the shop. He gave both men pantyhose to wear over their heads, gave Santos clothing and a dummy gun, and instructed them on how to commit the robbery. Williams brought his own gun.
Defendant's girlfriend drove them to the shopping center. Santos and Williams entered the shop, while defendant stayed outside to act as a lookout. Santos pointed his gun at a customer and screamed, "get down." Williams went to the front of the shop, pointed his gun at Hernandez, and screamed for him to get on the ground.
The shop's owner, Baber Malik, hid behind a partition after seeing the robbers enter his store. After hearing a gun fire, Malik came out and fired his handgun. Williams admitted firing his weapon, but claimed Malik fired first. Hernandez suffered a gunshot wound to the head which required brain surgery. He suffered continuing memory loss and pain from the head wound.
Williams and Santos ran out of the store and into defendant's car. Defendant's ...