Sanders

Appellant Rawlie L. Sanders was charged in a three-count information with attempted arson (Pen. Code, § 455); unlawful possession of flammable material and/or a device with intent to bum a structure (§ 453, subd. (a)), and possession of a destmctive device with intent to injure, intimidate, or terrify a person or to destroy property (§ 12303.3). Prior to commencement of trial, appellant, having been fully advised of his constitutional right to a jury trial, made a knowing and intelligent waiver of that right in exchange for the People’s dismissal of count III of the information, the charged violation of section 12303.3. However, on the second day of trial and over appellant’s objection, the court granted the People’s motion to file a second amended information which added a third count and charged appellant with possession of a firebomb (§ 453, subd. (b)), a lesser included offense to violation of section 12303.3, the count which had been dismissed. Appellant was arraigned on the amended information and his plea of not guilty taken; however, the trial court failed, prior to proceeding with the trial or at any later time, to obtain appellant’s express personal waiver of…