Young

Each defendant herein was convicted by a jury of robbery (count I, Pen. Code, § 211), second degree attempted murder of Janice Hostman (count II, §§ 664, 187), second degree attempted murder of Rebecca Sennett (count III, §§ 664, 187), second degree attempted murder of Patti Thomas (count IV, §§ 664, 187), receiving stolen property (count V, § 496) and conspiracy to commit robbery (count VII, §§ 182, 211). Defendants Young and Michael J. Miles were found to have used a firearm in the commission of the crimes charged in counts I-IV and enhancements were imposed on the sentence of Miles for each count as a result thereof. (§ 12022.5.) Young was found to have inflicted great bodily injury in the commission of the offenses charged in counts I-IV and enhancements were imposed thereon. (§ 12022.7.)

Defendants have jointly appealed alleging error by the trial court in 1) refusing jury instructions on assault with intent to commit murder and assault with a deadly weapon as lesser included offenses to the charge of attempted murder; 2) giving instructions on implied malice; 3) denying defendants’ motion for acquittal on the receiving stolen property charges because of…