Brown

In a nine-count amended information, defendant Maxie Brown, Jr. and codefendant David Nolan Rollins were charged with the following offenses: in count I Rollins was charged with the commission of a robbery on August 20, 1975, in violation of Penal Code section 211. It was alleged that he used a firearm, namely, a rifle, during the commission of the offense. In count II, it was alleged that Rollins committed a robbery on August 31, 1975, in violation of Penal Code section 211. In count III, it was alleged that Rollins committed a robbery on September 6, 1975, in violation of Penal Code section 211. In count IV, it was alleged that Rollins committed an offense of robbery on September 7, 1975, in violation of Penal Code section 211. It was also alleged that during the commission of this offense, Rollins used a handgun, a firearm. In count V it was alleged that Rollins committed the crime of robbery on September 15, 1975, in violation of Penal Code section 211. It was alleged that during the commission of this offense Rollins used a handgun, a firearm.

In count VI, it was alleged that defendant Maxie Brown committed a robbery on September 29, 1975, in violation of Penal Code…

I concur in the result. I see no reason, on this appeal, to discuss the hypothetical issue of whether the giving of CALJIC No. 2.03 was error as to codefendant Rollins who has not appealed. I therefore withhold comment on that part of the opinion and do not concur in it.

JEFFERSON (Bernard), J.

In a nine-count amended information, defendant Maxie Brown, Jr. and codefendant David Nolan Rollins were charged with the following offenses: in count I Rollins was charged with the commission of a robbery on August 20, 1975, in violation of Penal Code section 211. It was alleged that he used a firearm, namely, a rifle, during the commission of the offense. In count II, it was alleged that Rollins committed a robbery on August 31, 1975, in violation of Penal Code section 211. In count III, it was alleged that Rollins committed a robbery on September 6, 1975, in violation of Penal Code section 211. In count IV, it was alleged that Rollins committed an offense of robbery on September 7, 1975, in violation of Penal Code section 211. It was also alleged that during the commission of this offense, Rollins used a handgun, a firearm. In count V it was alleged that Rollins committed the crime of robbery on September 15, 1975, in violation of Penal Code section 211. It was alleged that during the commission of this offense Rollins used a handgun, a firearm.

In count VI, it was alleged that defendant Maxie Brown committed a robbery on September 29, 1975,…