Castellano

Defendant Lee Roy Castellano has appealed from a judgment imposing a prison sentence after a jury found him guilty of first degree robbery (Pen. Code, § 211), and found he had used a firearm in the commission of the robbery within the meaning of Penal Code section 12022.5.

Castellano admitted five of seven charged prior felonies; the other two were dismissed by the district attorney.

The judgment was affirmed by this court in an opinion by Mr. Justice Whelan, concurred in by Acting Presiding Justice Ault, and by Mr. Justice Cologne on March 13, 1975.

The Supreme Court granted a hearing and on October 25, 1977, retransferred the case back to this court for reconsideration in light of People v. Hunt, 19 Cal.3d 888 [ 140 Cal.Rptr. 651 , 568 P.2d 376 ],

We adopt the statement of facts and the discussion of the initial issues as set forth in Mr. Justice Whelan’s opinion:

“On September 3, 1973 (Labor Day), at approximately 9:10 p.m., a Kentucky Colonel Fried Chicken shop located on Rosecrans Avenue in San Diego was robbed by a male individual armed with a loaded revolver. After having been on the premises for about five minutes, the robber departed with approximately $480.…