Wright

People v. Wright

Good Law
154 Cal. Rptr. 926·1979 Cal. App. LEXIS 1719·92 Cal. App. 3d 811
Court of Appeal of CaliforniaMay 8, 1979Crim. 9637California1,032 words

Opinion

Opinion

Paras, J.

A jury convicted defendant of seven counts of robbery and found that he used a dangerous or deadly weapon (knife) during the commission of each. (Pen. Code, §§ 211, 12022, subd. (b).) He appeals from the judgment.

Between July 16, 1977, and August 3, 1977, defendant committed seven gasoline service station robberies at knifepoint in Sacramento County.

The sentence imposed under count one was designated the principal term (see Pen. Code, §§ 1170, subd. (b), and 1170.1, subds. (a), (c); Cal. Rules of Court, rule 405(b) and rule 439(a)), consisting of a base term of three years (the middle term of Pen. Code, § 213), and a one-year enhancement for use of the knife (Pen. Code, § 12022, subd. (b)). As to each of the remaining six counts, sentence was imposed consecutive to the principal term and to eveiy other term. A middle term of three years was imposed for each of these, but two of such years were ordered stayed, presumably to meet the statutory limitation that “[t]he subordinate term for each consecutive offense shall consist of one-third of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is…

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