Kane

This appeal was determined by this court on September 14, 1982. Thereafter, the Supreme Court granted a hearing since one of the issues involved was before that court in People v. Wolcott (1983), now reported in 34 Cal.3d 92 [ 192 Cal.Rptr. 748 , 665 P.2d 520 ]. Following the decision in Wolcott , the instant case was returned to this division for consideration in light of Wolcott . We adopt all portions of the initial opinion except as to the contention that the court erred by allowing counts I and III (as renumbered) to be amended from charges of robbery to assault with a deadly weapon.

Early in the evening of August 22, 1980, Mary Kennedy and Yolanda Angue had gone to a small gathering at the Smith residence in Baldwin Hills. Somewhat less than 10 guests, including Theodore Willis and John Lewis, who lived with the Smiths, were there.

Around 11:30 p.m., as Mr. Lewis, Ms. Kennedy and Ms. Angue were leaving the house, three armed and masked men confronted them, ordering them to return inside. One of the gunmen, later identified as appellant Kane, was carrying a sawed-off rifle and was wearing light clothing, while Latel carried a smaller gun (later found to be a pellet…