Raby

Aleck Raby was convicted of nine counts of robbery with the personal use of a gun (Pen. Code, §§ 211, 12022.5). He contends the court erred in (1) finding the use allegations applicable to an inoperable handgun, (2) employing previous prison terms to justify imposition of consecutive sentences after the prosecution failed to prove the priors at trial, and (3) imposing consecutive sentences for more than two firearm use enhancements. The Attorney General responds by seeking to overturn the court’s acquittal on one of the alleged prior convictions.

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Raby, a professional scoffiaw with a hankering for Miller’s Outpost, a clothing store chain, entered one outlet on the morning of November 21, 1982. He brought items to the check-out area and pulled a gun. After forcing the clerk to empty the cash register, he rounded up the other employees and ushered them to a back room. He separated the manager from the group and escorted her to the front of the store, where she was required to open the other registers and the store safe. Returning to the back room, and still waving the gun, Raby relieved the employees of their own cash and took car keys from one. He made his escape in the…