Thomas

A jury found Willie Lee Thomas guilty of attempted murder with personal use of a firearm and intentional infliction of great bodily injury (Pen. Code, §§ 664, 187, 12022.5, 12022.7), possession of a weapon by an ex-felon (§ 12021, subd. (a)) and six counts of armed robbery with personal use of a firearm (§§ 211, 12022.5). The jury was unable to reach verdicts on one additional count of robbery and one count of attempted robbery. The trial court declared a mistrial as to those two counts. Thomas waived his right to trial by jury on allegations he had two serious prior felony convictions (§§ 667, subd. (a), 1192.7, subd. (c)(8), (19)) and, after a separate trial by the court, those allegations were found true.

Thomas appeals after the trial court sentenced him to an aggregate term of 34 years, 8 months in prison, including an upper, principal term of 9 years for the attempted murder and two 5-year enhancements for the serious prior felony convictions. Thomas contends he is entitled to a reversal based on the trial court’s (1) denial of his motion to sever the attempted murder and ex-felon in possession of a firearm counts from the remaining robbery counts, (2) refusal to…