Shaffer

Timothy Shaffer appeals from the judgment entered following a jury trial that resulted in his conviction of robbery with the use of a firearm (Pen. Code, §§ 211, 12022.5) and a true finding by the court of a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)). He contends that the enhancement must be reversed because the trial court inadvertently discharged the jury after a verdict was rendered on the underlying offense, and improperly reconvened the jury for trial of the enhancement.

It is unnecessary to set forth a detailed statement of the facts surrounding the robbery. It suffices to say that on August 26, 1985, appellant used a .357 magnum to rob the manager of a Topanga shoe store.

Prior to trial, appellant moved for a bifurcated trial on the issue of several charged prior convictions. The motion was granted. Appellant was tried before a jury and convicted of robbery with the use of a firearm. After the jury was polled, and the verdict recorded, the court made the following statement to the jury: “Then, ladies and gentlemen, that completes your service in connection with this case. . . .

After a brief recess, proceedings resumed out of the presence of…