Sutter

Appellant, Michael Claud Sutter, and Archie May-hew (not a party to this appeal) were charged with violation of Penal Code section 211, robbery. There were special allegations that Mayhew used a firearm (Pen. Code, § 12022.5) and that appellant was armed as a principal (Pen. Code, § 12022 subd. (a)).

Thereafter, the court accepted defendant Mayhew’s guilty plea to robbery in count I (Pen. Code, § 211) without any special allegations. Mayhew had not been sentenced at the time of appellant’s trial.

Appellant was convicted of robbery and the jury made a true finding that he was a principal in the robbery while another principal was armed with a firearm. The trial court then denied appellant’s motion for a new trial because of juror misconduct and sentenced him to state prison for three years, which was the middle term for the robbery, plus an additional year for a violation of Penal Code section 12022, subdivision (a).

Facts

On the afternoon of August 9, 1979, appellant Michael Sutter and Archie Mayhew were drinking and playing pool at a bar in Visalia. There was evidence they were probably drunk. Later, appellant and Mayhew went to Galen’s Market. Appellant parked his…