Roberts

Introduction

Defendants and appellants Bernard Roberts and Richard Talley appeal from judgments after a jury trial in which Roberts was convicted of multiple counts of robbery and attempted robbery and Talley was convicted of a single count of robbery. As to the robbery count on which both defendants were convicted, an allegation that property in excess of $25,000 was taken, within the meaning of Penal Code section 12022.6, subdivision (a), was found to be true. Both defendants contend the property taken in excess of $25,000 enhancement must be stricken because subsequent legislation amended the enhancement to increase the minimum value of property taken to $50,000. In the published portion of this opinion, we conclude defendants must be given the benefit of subsequent legislation and modify the judgment by striking the property taken in excess of $25,000 enhancement and any corresponding sentence. The parties raise other issues which we discuss in the unpublished portion of the opinion.

II

Discussion

I.-III

IV

Sentencing

A. Robert’s Sentence

B. Penal Code Section 12022.6, Subdivision (a)

Roberts and Talley were charged with the first degree robbery of Catherine…