Windham

An amended information was filed charging appellants Jeffrey Windham and Carl Wilson with robbery (Pen. Code, §211) in count one and with receiving, concealing and withholding stolen property (§ 496, subd. 1) in count two. In addition, Wilson was charged with possession of a sawed-off shotgun (§ 12020) in count three and Windham was charged with vehicle theft (Veh. Code, § 10851) in count four. The amended information also contained the following enhancement allegations: that Wilson used a rifle in the commission of the robbery (§ 12022.5) and that Windham was armed with a rifle in the commission of the robbery (§ 12022, subd. (a)). Appellants entered not guilty pleas and denied the arming and use allegations.

A motion to sever was granted as to the possession of a sawed-off shotgun charge in count three and Wilson was found guilty in a subsequent court trial on this bifurcated count.

The jury found Wilson and Windham guilty of the robbery charge in count one, and that the use allegation as to Wilson and the arming allegation as to Windham were true. Windham was also found guilty of the vehicle theft charge in count four. Both appellants were found not guilty of the…