Grimble

Appellant was found guilty by a jury of one count of kidnaping for the purpose of robbery (Pen. Code, § 209, subd. (b)), one count of rape (Pen. Code, § 261, subds. 2, .3), three counts of robbery (Pen. Code, § 211), one count of burglary (Pen. Code, § 459), and one count of assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (b)). The jury also found to be true allegations as to each count that appellant used a firearm at the time of the commission of the offense (Pen. Code, § 12022.5).

Appellant’s motion for a new trial as to count I (kidnaping) was granted.

On November 19, 1979, probation was denied, the court found circumstances in aggravation, and appellant was sentenced on counts II through VII to the state prison for a total term of 15 years.

On January 18 and 21, 1980, appellant was retried by a jury on count I. The jury found appellant guilty as charged of kidnaping for the purpose of robbery, and further found the use allegation to be true.

On January 22, 1980, the trial court vacated the earlier sentence and resentenced appellant on all counts pursuant to Penal Code section 1170.1. Probation was denied, the court found circumstances in…