P. v. Kendrick CA4/3

Filed 4/25/13 P. v. Kendrick CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G046094

v. (Super. Ct. No. 10NF0575)

DONALD RAY KENDRICK, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard M. King, Judge. Affirmed. Nancy L. Tetreault, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Lynne G. McGinnis and Kristine A. Gutierrez, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted defendant Donald Ray Kendrick of 14 counts of second degree robbery arising out of six bank robberies. (Pen. Code, §§ 211, 212.5, subd. (c); all further statutory references are to this code.) The trial court thereafter found true allegations defendant had three serious felony priors (§ 667, subd. (a)(1)) that also served as strike priors (§ 667, subds. (d), (e)(2)(A)), and five prison priors (§ 667.5, subd. (b)). It struck the prison priors for sentencing purposes only, denied defendant‟s motion to strike the other priors, and sentenced defendant to 165 years to life, consisting of consecutive terms of 25 years to life on counts 1, 3, 5, 7, 10, and 13, plus additional five year terms for each of the three prior serious felonies. Defendant contends the court erred in failing to sua sponte instruct the jury on the defense of necessity and abused its discretion in denying his motion to strike the prior serious felony convictions. Finding no error, we affirm the judgment.