Heston

An information filed May 3, 1990, charged Charles S. Heston with “Violation of Sections 211/212.5(b) of the Penal Code, a felony. The said defendant, on or about March 19, 1990, did willfully and unlawfully aid and abet in the robbery of Steve Murphy.” The information further alleged that in the commission of this offense, Heston (1) “furnished Armando Avina with a firearm for the purpose of enabling him to commit a robbery, within the meaning of Penal Code section 12022.4”; (2) “did intentionally aid and abet in the taking of property of a value exceeding One Hundred Thousand Dollars, ($100,000.00), within the meaning of Penal Code Section 12022.6(b),” and (3) “a principal, namely Armando Avina, was armed with a firearm within the meaning of Penal Code Section 12022(a)(1).”

On July 3, 1990, a jury convicted Heston of second degree robbery and found true all enhancement allegations. On July 31, 1990, the court denied probation and sentenced Heston to prison for a total of nine years: the five-year upper base term for robbery, plus two-year additional terms for the firearm furnishing and great taking enhancements. On the same date, Heston filed his notice of appeal from…