California, United States of America
The following excerpt is from People v. Savala, 116 Cal.App.3d 41, 171 Cal.Rptr. 882 (Cal. App. 1981):
Defendant was convicted of four counts of robbery (Pen.Code, 211), with special findings that he personally used a firearm in committing each of the robberies (Pen.Code, 12022.5), one count of assault upon a police officer (Pen.Code, 245, subd. (b)), one count of being a convicted felon in possession of a firearm (Pen.Code, 12021), and he admitted one prior felony conviction. (Pen.Code, 667.5, subd. (b).) The court stayed the sentence for being a convicted felon in possession of a firearm and ordered the sentences for the remaining counts be served consecutive to each other. The middle term of three years for one count of robbery was selected as the base term. To this was added two years for the personal use of a firearm and one year for the prior prison sentence. In computing the consecutive sentences the court added one and one-third years for the assault, and five years for the three consecutive robbery sentences, each enhanced by the firearm use. This five years represents one-third of the middle term for each of the three robberies for a total of three years, plus one-third of the three separate two-year enhancements for the personal use of a firearm during each of [116 Cal.App.3d 55] the robberies for a total of two years for the additional enhancements. Defendant asserts error in the consecutive enhancements under Penal Code section 12022.5, relying on People v. Harvey (1979) 25 Cal.3d 754, 159 Cal.Rptr. 696, 602 P.2d 396.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.