Rebeles

Defendant Manuel Albert Rebeles appeals from a judgment of conviction entered after he pleaded guilty to robbery (Pen. Code, § 211) and was sentenced to state prison. The judgment of conviction included an express finding he was armed with a firearm at the time of the offense within the meaning of Penal Code sections 12022.5 and 1203. The effect of the finding is to increase defendant’s term of imprisonment by at least five years (Pen. Code, § 12022.5) and to make him ineligible for probation *954 in the event he is convicted of a further offense in the future. (Pen. Code, § 1203; People v. Floyd, 71 Cal.2d 879, 884 [ 80 Cal.Rptr. 22 , 457 P.2d 862 ].) His contentions on appeal deal only with the propriety of this finding, and the appeal is properly taken without compliance with Penal Code section 1237.5.

We have concluded the finding defendant was armed with a firearm at the time of the offense within the meaning of Penal Code sections 12022.5 and 1203 was improper and that it should be stricken from the judgment.

A complaint was filed in the Municipal Court of the San Diego Judicial District charging defendant with three counts of robbery. Counts 2 and 3 each alleged…