Arbee

Stacy James Arbee appeals from a conviction of violation of Penal Code section 211. Appellant was charged with and admitted a prior 1971 burglary conviction.

On March 4, 1981, appellant was sentenced to the upper term of four years for the robbery, plus one year for the prior separate prison term.

On or about April 15, 1982, the abstract of judgment was amended, increasing appellant’s sentence by one year to an upper term of five years for the robbery, plus one year for the prior separate prison term.

On December 18, 1979, Otis Henley was working as cashier in a 7-Eleven Store at 2200 Bay shore, San Francisco, when a blue and white Cadillac pulled up in front. After a couple of minutes, a woman got out of the car, entered the store, and asked Michael Turner, another cashier, for a pack of cigarettes. As she was buying the cigarettes, appellant got out of the car and entered the store. Appellant walked to the counter, stood next to the woman, and raised his coat. Henley saw that appellant had his hand on a gun that was in his waistband. Appellant looked into the open cash register and said, “You don’t have much but I’ll take what you got. ” Henley told Turner to give…