Willis

Statement of the Case

On April 18, 1977, an indictment was filed in the Superior Court of Fresno County charging appellant with 16 counts of first degree robbery (Pen. Code, §§ 211, 211a) and alleging use of a firearm, and 1 count of second degree robbery. Appellant was arraigned and pled not guilty to all counts.

On May 25, 1977, appellant’s Penal Code section 995 motion was granted as to counts eight and thirteen. Counts one through five, nine, twelve, and fourteen were dismissed on the People’s motion and appellant waived his right to a juiy trial and submitted the remaining counts on the grand jury transcript. Appellant was thereafter found guilty on all remaining counts as charged and the court specifically found the use allegations pursuant to Penal Code section 12022.5 to be true as to each count.

On June 10, 1977, appellant was sentenced to state prison for the term prescribed by law; count seven to be served consecutive with count six, and count ten to be served consecutive with counts six and seven. Counts six, seven, and ten were ordered to be served consecutive to appellant’s previously ordered robbery term from Kings County, while counts eleven and fifteen…