Webster

Describing crimes resulting from three separate incidents, an information charged appellant with the murder and armed robbery of Larry Haines (incident 1; counts I and II), assault with a deadly weapon and attempted armed robbery upon Jesus Castillo, robbery of Francisco Castillo, assault with a deadly weapon upon Luz Figueroa (incident 2; counts IH- VI), attempted robbery and assault with a deadly weapon upon Russell Harris, and assault with a deadly weapon upon Leanna Harris (incident 3; counts VII-IX).

Each count also alleged personal use of a firearm within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1). Counts n, DI, IV, VII and VDI further alleged personal injury to the victim within the meaning of Penal Code section 12022.7.

A jury found appellant not guilty of counts I and II but guilty as to counts III-IX, with the special allegations pertaining to the latter counts being found true.

Criminal proceedings were adjourned and appellant was delivered to the California Youth Authority (CYA) for diagnostic study pursuant to section 707.2 of the Welfare and Institutions Code. Thereafter probation was denied and he was sentenced to serve…