Franklin

Defendant, Carl Franklin, was accused in counts I and V of robbery (Pen. Code, § 211); in count II of kidnaping (Pen. Code, § 207); in count III of rape (Pen. Code, § 261, subd. 2); in count IV of attempted robbery (Pen. Code, §§211, 664); in count VI of assault with a deadly weapon (Pen. Code, § 245, subd. (a)); in count VII of unlawful sexual intercourse (Pen. Code, § 261.5); and in count VIII of rape (Pen. Code, § 261, subd. 3.) It was also alleged that at the time of the commission of the offenses described in counts I, III, IV, VII, and VIII, defendant was armed with a deadly weapon, to-wit, a butcher knife. Defendant pleaded not guilty, and waived his right to a jury trial. However, on the day of the trial, after the first witness was sworn, defendant withdrew his original waiver, and requested a juiy trial. Pursuant to stipulation, the court declared a mistrial, and upon motions by the People and the defendant, counts VII and III, respectively, were dismissed. In a trial by jury, defendant was found guilty of robbery of the first degree (count I); robbery of the second degree (count V); and rape (count VIII); as to counts I and VIII, the jury further found that…