Martinez

Appellants Jorge L. Martinez and Ramon Quintero robbed a landscaper while he was working in the front yard of a client's home. A jury convicted them of second degree robbery with firearm enhancement allegations. (Pen.Code, §§ 211, 212.5, subd. (c); 12022, subd. (b); 12022.53, subd. (b).)

Martinez claims on appeal that the trial court erred by applying an erroneous legal standard when ruling on his motion to dismiss the jury venire under People v. Wheeler (1978) 22 Cal.3d 258 , 148 Cal. Rptr. 890 , 583 P.2d 748 ( Wheeler ). Quintero argues that his trial counsel was ineffective for failing to join in the Wheeler motion brought by Martinez. Martinez also contends the evidence was insufficient to support the jury's finding that he personally used a firearm, and Quintero claims he was denied his right to conflict-free counsel. We affirm.

On April 9, 1999, Bellasario Sosa was working as a landscaper at a Granada Hills home. At about 1:00 p.m., three Hispanic men in a blue Lincoln Continental stopped at the house. The man in the front passenger seat got out and pointed a handgun at Sosa, telling him to put his hands up. A second man got out of the back seat and took Sosa's…