Nichols

WOODS (Fred), J.

A jury convicted appellant of kidnapping for robbery (Pen. Code, [1] § 209, subd. (b); count I), second degree robbery (§ 211; count II), attempting to dissuade a witness by threat of violence (§ 136.1, subd. (c)(1); count III), and evading a pursuing peace officer (Veh. Code, § 2800.2; count IV) and found firearm use allegations (§ 12022.5) true. Appellant then admitted felony conviction allegations (§§ 667, subd. (a), 667.5). Appellant was sentenced to state prison for life plus 18 years and 8 months.

Appellant contends the trial court erred (1) in answering a jury question without obtaining appellant's personal waiver of his attorney's presence (§ 1138) (2) in giving the standard reasonable doubt instruction (CALJIC No. 2.90) (3) in not staying the sentence on count III (§ 654) (4) in imposing two section 12022.5 enhancements and (5) in imposing both a section 667, subdivision (a) and a section 667.5 enhancement for a single felony conviction.

We find merit in only appellant's last two contentions, modify the judgment accordingly, and as modified, affirm the judgment.

There being no insufficiency of evidence claim, we synopsize the facts. Our…