Harvey

ELKINGTON, Acting P. J.

Defendant Harvey was charged in count I of an information with murder (Pen. Code, § 187). Counts II, III, IV and V charged him, respectively, with assault by means of force likely to produce great bodily injury with intent to commit murder (Pen. Code, § 217), assault with a deadly weapon and by means of force likely to produce great bodily injury (Pen. Code, § 245), assault by means of force likely to produce great bodily injury with intent to commit murder (Pen. Code, § 217), and assault with a deadly weapon and by means of force likely to produce great bodily injury (Pen. Code, § 245). As to counts II, III, IV and V it was alleged that in the commission of each offense Harvey personally used a deadly and dangerous weapon (Pen. Code, § 12022) and with intent to inflict such injury, inflicted great bodily injury (Pen. Code, § 12022.7). It was further alleged that Harvey had previously been convicted of robbery “and served a prison term for such offense and that he has not remained free of prison custody for five years immediately preceding the filing of the first accusatory pleading in this case, within the meaning of Penal Code Section…