Timmons

This is an appeal from a judgment of conviction of kidnaping and robbery.

In an amended information filed in Los Angeles, Ralph Stewart and Edward Timmons were charged in count 1 with kidnaping Lawrence Baird on January 19, 1968, for the pur *672 pose of robbery; in count 2 with kidnaping Dorothy Stephens on January 19, 1968, for the purpose of robbery; in count 3 with robbing Lawrence Baird of about $15,000 on January 19, 1968; and in count 4 of robbing Dorothy Stephens on January 19, 1968, of about $15,000. It was further charged in each count that at the time of the commission of the offense the defendants were armed with a deadly weapon, namely, a knife. It was also charged that Timmons previously had been convicted of robbery in Monterey County (in 1962) and had served a term in prison therefor.

Stewart entered a plea of guilty to count 3. Timmons pleaded not guilty. In a nonjury trial Timmons was found guilty as to each count. The degree of the robberies was found to be second degree. The charge of a prior conviction was found to be not true. The allegation that Timmons was armed was found to be not true. A stay of execution was granted as to counts 2, 3 and 4 pending any…