P.

I. INTRODUCTION

Defendant and appellant, Justin Anthony Simons, telephoned Sean McKelvey.

McKelvey hung up on Simons, which Simons viewed as an act of disrespect. Simons

responded by going to McKelvey‟s house with two accomplices and, among other

criminal acts, pistol whipped McKelvey and his housemate, stole numerous items, and

threatened to kill the residents if they called the police.1 A jury convicted Simons of

robbery, attempted robbery, assault with a firearm, making criminal threats, and negligent

discharge of a firearm; it also found true certain firearm enhancement allegations.2 In a

Specifically, Simons was charged with robbery of an inhabited dwelling house in concert with others (count 1; Pen. Code, §§ 211, 212.5, subd. (a), 213, subd. (a)(1)(A)) (all further statutory references are to the Penal Code unless otherwise indicated), attempted robbery of an inhabited dwelling house in concert with others (count 2; §§ 664, 211, 212.5, subd. (a), 213, subd. (a)(1)(A)), assault with a firearm (counts 3, 4, & 5; § 245, subd. (a)(2)), criminal threats (count 6; § 422), negligent discharge of a firearm (count 7; § 246.3), and receiving stolen property (count 8, § 496,…