Calhoun

A jury convicted John Calhoun of four counts of robbery (Pen. Code, § 211) involving the use of a gun (Pen. Code, § 12022.5), two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and five counts of possessing a concealable firearm by a felon (Pen. Code, § 12021). He was sentenced to prison and appealed to the Court of Appeal, First Appellate District. The opinion of that court addressed a number of issues, among them sentencing error, and it ordered resentencing. Calhoun now appeals his resentencing.

On April 19, 1978, at 2:25 p.m., Calhoun entered a men’s clothing store in San Francisco while the sales clerk was alone, selected some clothes, and brought them to the front counter. As the clerk was packaging them, Calhoun showed her a gun, said, “You know this is death,” and demanded money. The clerk handed him about $100 and he left. Within a week Calhoun committed three other similar robberies in the same shopping area.

At resentencing, the court chose the April 19 robbery as the crime with the principal term and aggravated that term because (1) the offense involved the threat of great bodily injury, (2) the victim was particularly vulnerable, (3)…