Gailord

In this case, we conclude Eugene Gailord and Charles Lamale Allen are entitled to reversal of their enhancement findings based on Allen being armed with and using a “firearm” (Pen. Code, §§ 12022, subd. (a)(1), 12022.5, subd. (a)) as defined under section 12001, subdivision (b), during the commission of a commercial burglary (§ 459) and three robberies (§ 211). At the time Gailord and Allen committed the underlying crimes, the legal definition of “firearm” had recently been changed to include only devices “designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion.” (§ 12001, subd. (b); Stats. 1990, ch. 9, § 1.5.) Because the jury was not instructed under the correct legal definition of “firearm” as of the time of the underlying offenses, the true firearm findings against Gailord and Allen must be reversed.

Accordingly, we affirm Allen’s unchallenged burglary and robbery convictions and reverse the true findings of his firearm enhancements.

As for Gailord, who challenges the sufficiency of the evidence of one of the three robberies and asserts instructional error regarding his aiding…