Ponce

I. Introduction

Defendants, Jose L. Ponce and Efrin Villalobos, appeal from judgments entered following a joint jury trial which resulted in their convictions of second degree robbery (Pen. Code, § 211); the jury also finding Mr. Ponce was personally armed with a knife. (§ 12022, subd. (b).) Defendants contend the court committed various evidentiary and instructional errors, erroneously denied a motion for mistrial, and prejudicially erred by communicating ex parte with the jury. They also contend the prosecutor engaged in prejudicial misconduct. The Attorney General contends defendants are each entitled to one less day presentence credit. We modify the judgments.

II. Facts

Viewed in accordance with the usual rules on appeal {Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 61 L.Ed.2d 560, 573 , 99 S.Ct. 2781 ]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909 ; People v. Bean (1988) 46 Cal.3d 919, 932 [ 251 Cal.Rptr. 467 , 760 P.2d 996 ]), the evidence established that at approximately 7 p.m. on June 26,1993, Jorge Vela was walking to his car in Los Angeles with his family when Mr. Ponce and Mr. Villalobos approached. Mr. Vela felt something in his stomach and…