Wardell

After his original convictions were reversed on appeal and the matter was remanded for retrial, defendant was again convicted by jury trial of three counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)) and 14 counts of felony false imprisonment (Pen. Code, §§ 236, 237), and the jury again found true that he had personally used a firearm in the commission of each offense (Pen. Code, §§ 12022.5, subd. (a), 12022.53, subd. (b)). Defendant admitted that he had served a prison term for a prior felony conviction (Pen. Code, § 667.5, subd. (b)). He was committed to state prison to serve a term of 23 years eight months, and the trial court imposed a $10,000 restitution fund fine.

On appeal, defendant contends that (1) one of the felony false imprisonment counts is not supported by substantial evidence, (2) the personal use of a firearm enhancement attached to that count is not supported by substantial evidence, (3) the jury instructions on the personal use of a firearm allegations were inadequate, and (4) the trial court improperly increased the restitution fund fine from $200 to $10,000 after his successful appeal. The Attorney General concedes that the $10,000…