P. v. Maxwell
This is an appeal after a remand for resentencing was ordered following the first appeal. On January 29, 2005, Robert Jay Maxwell, together with several other people, committed various crimes during a home invasion robbery at the residence of Ryan Guerrero in Coronado, California. As a result, Maxwell proceeded to trial with codefendants Thomas T. Zingsheim and Michael J. Murphy after codefendants Tuesdae Ditmars and Evan Baltsas pled guilty to various crimes stemming out of the Coronado incident and another residential burglary. As pertinent here, the jury found Maxwell guilty of first degree robbery (Pen. Code,[1] 211, 212.5, subd. (a); count 1); two counts of assault with a semiautomatic firearm ( 245, subd. (b); counts 2 & 3); residential burglary ( 459, 460; count 4); false imprisonment by violence or menace ( 236, 237, subd. (a); count 5); grand theft of personal property ( 487, subd. (a); count 6); intimidating a witness by malicious use of force or violence ( 136.1, subd. (c)(1); count 7); and tampering with the electric alarm system and four telephone and cable television lines ( 591; counts 8-12).
The jury further found true allegations that Maxwell had personally used a firearm in the commission of counts 1 through 6 ( 12022.5, subd. (a)); that he also had personally used a firearm within the meaning of section 12022.53, subdivision (b) in the commission of the count 1 robbery; that he was vicariously armed with a firearm for count 7 ( 12022, subd. (a)(1)); and that he committed the burglary while another person other than an accomplice was present in the residence.
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