Suttle

Appellants Levi Carter and Louis Cecil Suttle were charged jointly with the following crimes as contained in a four-count information filed on October 5, 1977: count I, robbery, in violation of section 211 of the Penal Code, including an allegation that in the commission of the offense a principal was armed with a firearm within the meaning of section 12022, subdivision (a); count II, grand theft, in violation of section 487, subdivision (3); count III, felony joyriding, in violation of section 10851 of the Vehicle Code; count IV, receiving stolen property, in violation of section 496. In addition, appellant Suttle was charged in relation to count I with personally using a firearm within the meaning of sections 12022.5 and 1203.06, subdivision (a)(1). Both appellants Carter and Suttle pled not guilty to all charges and were tried before a jury. On January 20, 1978, the jury returned not guilty verdicts as to counts II and IV, grand theft and receiving stolen property, respectively, and guilty verdicts as to counts I, robbery, and count III, felony joyriding. In addition, the jury found that the armed and use allegations were true as to Suttle and that the armed principal…