Boerner

Robert Dale Boerner pleaded guilty to attempted robbery (Pen. Code, §§ 664 and 211) and admitted allegations he used a dangerous weapon (§ 12022, subd. (b)) and inflicted great bodily injury (§ 12022.7). Six counts charging two attempted robberies, three assaults with a deadly weapon (§ 245, subd. (a)), and kidnaping with the intent to commit robbery (§ 209, subd. (b)) were dismissed. He was sentenced to an aggregate term of seven years, comprised of the upper base term of three years for attempted robbery enhanced one year for use of a deadly weapon and three years for causing great bodily injury. On appeal, he challenges the propriety of the imposition of the upper term, as well as the dual enhancements under section 1170.1, subdivision (d). We conclude Boerner was properly sentenced and, accordingly, affirm the judgment.

Factual Background

Boerner, accompanied by two codefendants, approached four Mexican illegal aliens on a San Diego street. He and his companions lured the aliens into Boerner’s car by promising to transport them to Los Angeles. Following a two-hour stop at a house in Lemon Grove, Boerner, his companions, and the aliens left the house in Boerner’s…