In Re Carrie W‪.‬

Defendant was charged, jointly with Tremain Rufus Adams, with: (count I) robbery of Jose Marroquin, in violation of section 211 of the Penal Code; (count II), robbery of Dolores Anaya, in violation of section 211 of the Penal Code; (count III), burglary, in violation of section 459 of the Penal Code; (count IV), robbery of Anibal R. Guerra, in violation of section 211 of the Penal Code; (count V), burglary, in violation of section 459 of the Penal Code; (count VI), robbery of Marie Gonzales, in violation of section 211 of the Penal Code; (count VII), burglary in violation of section 459 of the Penal Code; (count VIII), rape of Marie Gonzales; (count IX), robbery of Victor Quintero, in violation of section 211 of the Penal Code; (count X), burglary in violation of section 459 of the Penal Code; (count X), burglary in violation of section 459 of the Penal Code. Allegations of the use of a firearm were alleged as to each count and bodily harm was alleged in connection with count VII. After a trial by jury, he was found guilty on counts I, II, III, VI, VII and XI; no verdicts were returned on counts IV and V; the jury reported disagreement on count VIII and it was dismissed. He was sentenced to state prison; he has appealed; we reverse.