Wilson

Defendant and appellant Willie Curtis Wilson was initially charged by information with three counts of first degree robbery (counts 1, 2, and 7—Pen. Code, § 211), attempted robbery (count 3—§§ 664/211), attempted murder (count 4—§§ 664/187, subd. (a)) shooting at an occupied building (count 5—§ 246) and murder (count 6—§ 187, subd. (a)). As to counts 1, 2, 3, 4, 6 and 7, it was alleged a principal was armed with a handgun during the commission of the offenses (§ 12022, subd. (a)(1)), and as to counts 1, 2, 3, and 4, it was alleged Wilson personally used a firearm (§ 12022.5).

Following a jury trial, Wilson was convicted of two counts of second degree robbery (counts 1 and 2), attempted robbery (count 3), shooting into an occupied building (count 5) and first degree murder of Daniel Pipkins (count 6). On April 28, 1993, Wilson’s conviction was reversed (People v. Wilson (Apr. 28, 1993) B056732 [nonpub. opn.]) for a violation of People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ]. No determination was made as to the sufficiency of evidence as to any of the counts.

On August 30, 1993, after the case had been remanded to the trial court, Wilson…