Dixon

Defendants Joseph Lee Burns, Jr., and Samuel Dixon were charged in an information in counts 1 and 2 with robbery (Pen. Code, § 211), in count 4 with the murder of Eric Howard (§ 187), and in count 5 with the murder of Ronnie Newt (§ 187). Dixon was also charged in count 3 with assault with a deadly weapon (§ 245). The information specially alleged as to counts 1 and 2 that Burns had used a firearm in committing the crimes (§ 12022.5) and that a principal had been armed with a firearm during the commission of the crimes (§ 12022, subd. (a)). The information specially alleged as to counts 1, 2, and 3 that Dixon had personally used a firearm in committing the crimes (§ 12022.5) and as to count 3 that Dixon had inflicted great bodily injury (§ 12022.7).

The trial court granted severance of the trials of Burns and Dixon. Burns was tried by a jury; Dixon waived his right to a jury trial and was tried by the court. Following the People’s case-in-chief at each trial, the court granted the motions of Dixon (under § 1118) and Burns (under § 1118.1) to dismiss count 4 (the murder of Howard).

The jury found Bums guilty of the first degree murder of Newt and of both counts of…