Hall

The Case

The defendant Sterling Hall was accused in a twelve-count information of six counts of robbery in violation of Penal Code section 211 and six counts of kidnapping for the purpose of robbery in violation of Penal Code, section 209. Counts I and H of case A-278304 were consolidated as counts XI and XII in case A-277044. Two counts of the information refer to the same incident and victim; the odd numbered counts allege the robbery and the even numbered counts allege kidnapping for the purpose of robbery. Each count further alleges that the defendant at the time of the commission of the offense “was armed with a deadly weapon” and “did use a firearm.” Defendant’s motion to strike the armed and used allegations in counts V and VI was granted by the trial court.

An amendment to the information alleges that the defendant was convicted on five prior occasions of the crime of robbery in violation of Penal Code section 211. One of the alleged prior convictions occurred on August 12, 1959, another on March 9, 1962. Conviction on three additional counts of robbery was alleged to have occurred on July 14, 1966. The defendant made a motion pursuant to People v. Beagle (1972)…