Savala

Defendant convicted of two counts of first degree robbery and one count of first degree burglary appeals from the judgment entered December 10, 1968, upon a jury verdict.

Defendant Savala’s five contentions will be considered under separate captions. Two contentions must be sustained. Accordingly, the case must be remanded for the limited purposes of (1) consideration for probation, and (2) resentencing pursuant to the rules established in People v. Floyd (1969) 71 Cal.2d 885 [ 80 Cal.Rptr. 22 , 457 P.2d 862 ], Certain specific facts will be stated under the separate captions. General facts are:

At about 9:30 p.m., Friday, August 16, 1968, the combined home and office of Mrs. Juan Molina in Woodland was unlawfully entered by defendant, one Walter Sanchez and one or two other men. Among other things, a cash box containing $4,200 was taken. Mrs. Molina’s residence was on the premises of a labor camp she operated, and at the time of the offense was occupied by her grandson, Juan Molina, and her nephew, Isidro (Chilo) Raya. Mrs. Molina had gone into town for a few minutes and before leaving had instructed the boys to let no one into the house.

The boys were watching…