Seabourn

Statement of the Case

In September 1989, defendant was arraigned and entered pleas of not guilty. In October, the charges against him were consolidated. In June 1990 a second consolidated and amended information was filed charging defendant with multiple violations of the Penal Code: count I, section 212.5 (first degree robbery of Jayne Lee Waters in an inhabited dwelling on or about Feb. 7, 1989); count II, section 212.5 (first degree robbery of Jeffrey Payne in an inhabited dwelling on or about Feb. 10, 1989); count III, section 212.5 (first degree robbery of Brian J. Porter in an inhabited dwelling on or about Feb. 10, 1989); count IV, section 209 (kidnap for robbery of Jeffrey Payne on or about Feb. 10,1989; count V, section 209 (kidnap for robbery of Brian Porter on or about Feb. 10, 1989). In each of the above five counts, it was further alleged defendant personally used a handgun within the meaning of section 12022.5. It was also alleged defendant suffered a prior serious felony conviction (robbery) within the meaning of sections 667 and 1192.7, subdivision (c).

Defendant admitted the prior felony conviction allegation. The jury found defendant guilty as charged,…