P.

I.

INTRODUCTION

The People charged appellants Lisa Marie Pierson and Raymond Lavern Springs,

Jr., with robbery (count 1) (Pen. Code, § 211);1assault by means of force likely to

produce great bodily injury (count 2) (§ 245, subd. (a)(l)); vehicle theft (count 3) (Veh.

Code, § 10851, subd. (a)); and false imprisonment by violence (count 4; §§ 236, 237,

subd. (a)). Additionally, the People charged Springs with rape of an unconscious person

(count 5) (§ 261, subd. (a)(4)) and forcible rape (count 6) (§ 261, subd. (a)(2)).

A jury found Pierson guilty of the lesser included offense of grand theft on count

1, not guilty on count 2, and guilty as charged on count 3. The jury was unable to reach a

verdict as to count 4 and as to the lesser included offense of simple assault on count 2.

The trial court declared a mistrial as to those counts, and dismissed the counts in the

interest of justice. The same jury found Springs guilty as charged. The trial court

sentenced Pierson to two years in the custody of the sheriff and sentenced Springs to an

aggregate term of 14 years four months in state prison.

Appellants claim that the trial court erred in failing to stay execution of…