Boyd

Appellant was charged in an information with robbery, a violation of Penal Code section 211. The information further alleged that in the commission and attempted commission of the offense, he was armed with a firearm (handgun) within the meaning of Penal Code section 12022, subdivision (a), and that he personally used the firearm (handgun) within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1).

In an amendment to the information it was alleged that appellant had suffered one prior felony conviction in Texas within the meaning of Penal Code section 667.5, subdivision (b).

Appellant pleaded not guilty and denied all the other allegations. After a jury trial, he was found guilty of robbery. The use allegation was found to be true. The armed allegation was found to be not true and in a court trial, the court found the allegations of the prior Texas felony conviction to be not true.

Appellant was sentenced to state prison for the upper term of five years and an additional two years for use of the handgun, for a total term of seven years.

He appeals from the judgment of conviction. We affirm.

Discussion

Appellant raises four points on appeal,…