Sequeira

Defendant Sequeira was convicted of 11 counts of robbery (Pen. Code, § 211), and 17 counts of false imprisonment effected by violence (Pen. Code, §§ 236,237). As to most if not all of the offenses, he was found to have used a firearm in their commission. (Pen. Code, § 12022.5.) He was also convicted of possession of a concealable firearm by one previously convicted of a felony. (Pen. Code, § 12021.) His base term (see Pen. Code, § 1170, subd. (b)), on one of the robbery convictions, was fixed at six years. Believing Sequeira’s remaining armed robberies to be “violent felonies,” and therefore not subject to Penal Code section 1170.1, subdivision (f)’s limitation that the total term of imprisonment “shall not exceed twice the number of years imposed as the base term,” the court ordered the remaining robbery terms to run consecutively. With its firearm use enhancements, the total term of imprisonment was fixed at 21 years, 4 months.

Sequeira’s appeal from the judgment was assigned to this division of our court.

On the appeal (People v. Sequeira (1981) 126 Cal.App.3d 1 [ 179 Cal.Rptr. 249 ]), believing ourselves bound by the rationale of People v. Harvey (1979) 25 Cal.3d…