Burgos

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged each appellant with two counts of second degree robbery. (Pen. Code, §§ 211, 212.5, subd. (c).) As to each count and defendant, the prosecution alleged that a principal personally used a firearm in the commission of the offense (Pen. Code, § 12022.53, subds. (b) & (e)(1)), and that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)(C)). The prosecution further alleged each defendant had been convicted of prior serious felony offenses (Pen. Code, §§ 667, subds. (a), (b)-(i), 1170.12). As to Burgos, the prosecution alleged he had served a prior prison term (Pen. Code, § 667.5, subd. (b)). As to Stevenson, the prosecution alleged he was on felony probation at the time of the offenses. (Pen. Code, § 1203, subd. (k).) The prosecution also charged codefendants Derrik Lozano and Gregory Byrd with the same offenses. Before trial, Lozano agreed to plead guilty to one count of second degree robbery and active participation in a criminal street gang in exchange for a stipulated sentence of three years. Trial…