Najera

Defendant was charged with robbery (Pen. Code, § 211); the information alleged that he was “armed with a deadly weapon, to-wit, a gun” during the offense. The jury returned a verdict of guilty on the robbery charge and found that defendant was armed with a gun at the time the robbery occurred. The judgment recites that defendant was convicted of robbery in the first degree and states that “Defendant was armed with a .22 Caliber Revolver.” Defendant appeals, asserting various errors. He also contends that the judgment of conviction should be modified to provide that Penal Code sections 3024, 12022, and 12022.5 are not applicable in this case. Although we agree with defendant’s contention that the judgment should be so modified, we reject all of his other contentions.

The facts which led to defendant’s arrest are as follows: The Hudson Oil Company in Stockton was entered and an armed robbery was committed by two men. A radio call was made to all police cars, reporting the incident and describing both robbers. Two police officers who heard the radio report, and were within seven blocks of the robbery scene, saw and followed a vehicle whose occupants answered the broadcast…