In Re Hall

This petition challenges two aspects of a determinate sentence law (DSL) sentence, both of which are affected by the decision in People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ]. The Attorney General concedes that under the authority of Harvey , the two-thirds year enhancement for a firearm use allegation connected with a consecutive robbery term was improper and must be stricken. We reject petitioner’s contention that Harvey also requires a reduction from three years to one year for the enhancement based upon petitioner’s robbery conviction.

On February 6, 1978, petitioner was sentenced to prison on several robbery charges. He received a total term of nine and two-third years, based upon the following:

Principal Term—robbery •3 years

in count three

enhanced for 12022.5 2 years

Consecutive robbery in count 1 1 year (1/3 midterm)

enhanced for 12022.5 2/3 year (1/3 of 2-year term)

Prior robbery conviction 3 years

Total 9-2/3 years

Petitioner contends that the three-year enhancement for his prior robbery conviction was improper.

Penal Code section 667.5 provides for enhancement of prison terms for new offenses because of prior prison…