Redman

Appellants Redman and Rodney Jerome Overstreet were jointly charged in count I with robbery, in violation of Penal Code section 211. Count I further alleged that in the commission and attempted commission of the robbery, a principal was armed with a firearm within the meaning of Penal Code section 12022, subdivision (a). In addition, each of the appellants was alleged in count I to have personally used a firearm within the meaning of Penal Code section 12022.5 during the commission and attempted commission of the robbery.

Appellant Redman was also alleged to have been previously convicted of robbery (two counts), kidnaping and assault with a deadly weapon on a police officer. With respect to these felonies it was alleged that he served a prison term of one and one-half years, and that he failed to remain free of prison custody for five years immediately preceding the filing of the first accusatory pleading in the instant case, within the meaning of Penal Code section 667.5, subdivision (b).

Both appellants pleaded not guilty and denied the use allegations. Appellant Redman initially denied the allegation of a prior felony conviction but subsequently admitted it after…