Green

Jeffrey J. Green (Green) appeals from the judgment entered upon his conviction by jury of forcible rape in concert with others, residential robbery, and first degree burglary, with findings as to each count that Green personally used a firearm and that a principal was armed, and upon his admission of a prior felony conviction (Pen. Code, §§261, subd. (2), 264.1, 211, 213.5, 459, 12022.3, 12022.5, 12022, subd. (a), 667.5, subd. (b)). The trial court selected the rape in concert as the principal term and imposed consecutive terms for robbery, burglary and the enhancements.

Contentions

He contends: “I. There was insufficient evidence to support the finding of ‘acting in concert. ’ II. There is insufficient evidence to support the finding that Green personally used a weapon. III. It was improper to impose time for the use findings on both the robbery and burglary convictions. IV. Where both offenses constitute an indivisible transaction with one objective, Penal Code section 654 prohibits double punishment. ”

Factual Background

Viewed in the light most favorable to the judgment in accordance with the usual rule of appellate review (People v. Johnson (1980) 26 Cal.3d 557,…