Herrera

Ramon Herrera appeals from the denial of a motion brought by the Board of Prison Terms to recall the sentence imposed for his conviction on four counts of robbery and one count of attempted robbery.

Appellant was convicted in a jury trial on four counts of robbery and one count of attempted robbery (Pen. Code, §§ 211, 211/664) and was also found to have used a firearm in each count (§ 12022.5).

On June 21, 1978, appellant was sentenced by the court to serve nine years and four months in state prison. The court arrived at this sentence by selecting the middle term of three years for one robbery, enhancing this sentence by two years for use of a firearm, and adding four years and four months for consecutive terms.

On June 29, 1979, the Board of Prison Terms (hereinafter the Board) filed a motion with the trial court to recall appellant’s sentence on the ground that his sentence was “disparate” when compared to sentences received by similarly situated prisoners convicted of the same crimes. This motion was brought pursuant to the Board’s mandate under section 1170, subdivision (f) which requires that body to recommend recall of all sentences which it determines to be…