People v. Stone

Appellants Michael Stone and Darnell Tarver appeal from a conviction of robbery in violation of Penal Code section 211. Additionally, appellant Stone was found to have committed the offense with a firearm within the meaning of Penal Code section 12022.5.

Both appellants waived a trial by jury and the trial judge found both guilty of robbery as charged and further found that appellant Stone was armed during the commission of the offense. Appellant Stone was sentenced to state prison for the upper term of five years plus two years for being armed during the offense pursuant to Penal Code sections 12022.5 and 1203.06, subdivision (a)(1). This sentence was to run consecutively with any other he was now serving. Appellant Tarver was sentenced to the lower term of two years in state prison. Appellant Stone was given 245 days’ credit for days in custody and appellant Tarver 29 days’ credit.

The facts are as follows: Wilbert Jones was dragged into an alley by defendants Stone and Tarver. Stone shoved a .38 caliber revolver into Jones’ side while Tarver searched Jones’ pockets. Stone removed a watch from Jones’ wrist. During the struggle, Jones was knocked to the ground. Jones’…