Haynes

Edrick Jordan was convicted by a jury of armed robbery (Pen. Code, §§211 and 12022.5) and possessing a sawed-off shotgun (§ 12020, subd. (a)). In the same proceeding, Gerald Raymond Haynes was convicted of robbery (§ 211) and found to have been armed with a firearm during the commission of the crime (§ 12022, subd. (a)).

The court sentenced Jordan to five years—the midterm of three years for the robbery and two years consecutive for the use of the firearm. Imposition of sentence on the possession charge was stayed. Haynes, who was 17 years old when the robbery was committed, was found not suitable for commitment to the Youth Authority (YA) and was sentenced to the upper term of five years for the robbery with an additional one year enhancement for being armed during the crime. Haynes’ total commitment was six years.

Both Jordan and Haynes appeal their convictions; the actions have been consolidated for review by this court. Jordan argues (1) the court’s refusal to consider YA commitment and imposition of a mandatory prison sentence is a denial of equal protection; (2) the imposition of a prison sentence in this case is cruel and unusual punishment; (3) the court erred…