P. v. Wilburn
On September 21, 2006, a first amended information was filed in the Superior Court of Fresno County charging appellant James Curtis Wilburn with counts I through IV, second degree robbery (Pen. Code,[1] 211), and count V, attempted second degree robbery ( 664/211). As to counts I through IV, it was alleged a principal was armed with a firearm ( 12022, subd. (a)(1)), and as to count V, that appellant personally used a firearm ( 12022.53, subd. (b)). Appellant pleaded not guilty and denied the special allegations. Thereafter, appellants jury trial began. On October 5, 2005, appellant moved to dismiss the firearm enhancements charged as to counts I, IV, and V. On October 6, 2006, the court granted the motion only as to count I. On October 10, 2006, appellant was convicted as charged in counts I through V, with the firearm enhancements found true as to counts II through V. The judgment is affirmed.
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