Lawson

We filed our former opinion in this cause on March 7, 1980, holding that under the determinate sentencing law (DSL) a consecutive term constitutes an enhancement within the dual use of facts prohibition. The respondent filed a petition for rehearing, making a number of arguments which had not been made before. We granted a rehearing and heard oral arguments. After further consideration we have decided that our original conclusion was correct. Accordingly, we refile the opinion with some additional discussion of the points raised by the respondent which have colorable merit.

Appellant was convicted upon his guilty plea to count one of a December 24, 1978, robbery at the Downtowner Inn, with the use of a firearm (Pen. Code, §§ 211, 12022.5, respectively). He was convicted upon his guilty plea to count two of a January 2, 1979, attempted robbery of Wimpey’s Liquors (Pen. Code, §§ 664, 211). A third count of possession of a sawed-off shotgun (Pen. Code, § 12020, subd. (a)) was dismissed.

The trial court stated the following as to its count one sentence choices: “The Court: ... As to count one, aggravated term will be selected. Crimes involved the threat of great bodily…