Lowe

Appellant was charged with the murder of Frank E. Mann (count I), attempted murder of Reginald H. Mann (count II), robbery of Frank E. Mann (count IV), and robbery of Reginald H. Mann (count V). Each count contains an allegation that appellant used a firearm within the meaning of Penal Code section 12022.5. The robbery counts allege the infliction of great bodily injury. At a trial to a jury, eyewitness testimony established that appellant shot Frank and Reginald Mann in the course of robbing them, and that Frank Mann died of his wounds. The jury found'appellant guilty of .the crimes charged and determined the murder to be of the first degree. It found the allegations of use of a firearm and infliction of great bodily injury to be true. The trial judge sentenced appellant to state prison for the term prescribed by law on all counts ordering: “Count IV to run consecutively to Count V. Count II to run consecutively to Counts IV & V. Count I to run consecutively to Counts II, IV & V.” The jury findings of use of a firearm and infliction of great bodily injury are repeated in the judgment.

On this appeal, appellant does not question the proceedings leading to the jury’s…