Gaines

The People appeal from a sentence imposed upon defendant, Isaac Gaines.

On May 3, 1979, an information was filed in the Solano County Superior Court charging defendant with robbery, in violation of section 211 of the Penal Code; and possession of a concealable firearm by a felon, in violation of section 12021. Defendant was also charged with having served separate prison terms for two prior felony convictions.

In July 1979, while the Solano County charges were still pending, defendant was convicted in the Contra Costa County Superior Court of robbery, in violation of section 211. Although defendant had admitted two prior felony convictions, the trial court ordered them stricken and sentenced defendant to three years in state prison.

On August 22, 1979, in the Solano County action, defendant pleaded guilty to the charge of possession of a concealable firearm by a felon. Also, he admitted having sustained two prior felony convictions and having served separate prison terms therefor. The robbery charge was dismissed.

On September 17, 1979, the Solano County court sentenced defendant to eight months in prison, or one-third of the middle term, for the violation of section…