Torrez

*726 Opinion

On October 18, 1984, an information was filed in the Madera County Superior Court against appellants 1 Francisco Zaragoza, Jesus Torrez and Manuel Ruiz. All appellants were charged with kidnapping in violation of Penal Code 2 section 207, subdivision (a) with sections 12022, subdivision (a), 12022.5, 12022.7 and 12022.3 allegations (count one), attempted murder in violation of sections 664 and 187 with sections 12022, subdivision (a), 12022.5, 12022.7 and 12022.3 allegations (count two), assault with a deadly weapon in violation of section 245, subdivision (a) with sections 12022.5, 12022.7 and 12022.3 allegations (count three) and a separate count of assault with a deadly weapon with sections 12022.5 and 12022.3 allegations (count four).

All three appellants pleaded not guilty as to all counts and denied the special allegations.

On January 28, 1985, the district attorney’s motion to dismiss count two and all section 12022.3 allegations was granted. A jury trial commenced the same date. The jury found each appellant guilty as charged of counts one, three and four. With regard to appellant Zaragoza, the jury found all of the enhancement allegations under all three…