Wesley

Defendants Rodney Westbrook and Johnny Wesley were convicted by a jury of second degree murder (Pen. Code, § 187), assault with a deadly weapon (Pen. Code, § 245) and discharging a firearm at an inhabited dwelling (Pen. Code, § 246). The jury also found that both defendants were each personally armed with a deadly weapon at the time of the commission of the foregoing offenses.

The defendants were sentenced to state prison for the term prescribed by law on each of the three convictions. The court ordered that the sentence as to discharging a firearm at an inhabited dwelling run concurrently with the sentence as to assault with a deadly weapon and that the sentences as to the murder and firing at dwelling house convictions be stayed pending any appeal and during the service of the sentence that may thereafter be set by the Adult Authority as to the assault with a deadly weapon, at which time the stay as to the sentences imposed on the other two convictions would be made permanent.

The People have appealed from the judgment but they seek only a reversal of that portion which stays the execution of the murder sentence. Defendant Westbrook has appealed from the judgment of…