Dominguez

Defendants appeal their convictions of first degree residential robbery (Pen. Code, § 211). Special allegations that a principal was armed with a firearm in the commission of the offense (Pen. Code, § 12022, subd. (a)(1)) were found true as to each defendant, and the jury found true allegations that defendant Dominguez personally used a firearm (Pen. Code, §§ 1203.06, subd. (a)(1), 12022.5, subd. (a)).

Facts

1. The Prosecution’s Case

The victim, Miguel Martinez, shared an apartment in Ontario with five other men. Martinez was home alone on the afternoon of August 9, 1990, talking on the telephone. Martinez answered a knock on the door with the telephone still in his hand. Defendant Reil forced her way inside when Martinez opened the door. Although Martinez protested and asked Reil to leave, she told Martinez that she knew “Mario,” one of the residents of the apartment, and that “Mario” had told her she could stay at the apartment if she needed to. Reil also said she wanted to talk to “Mario” because someone who lived at the apartment had given her a venereal disease. No one named “Mario” lived at the apartment.

Martinez put down the telephone and tried to get Reil to…