Hernandez

The facts in the instant case are not in contention in this appeal which is directed at the validity of the sentencing. A brief statement of the facts, however, is necessary for an understanding of the issues arising out of the sentencing hearing.

On March 16, 1983, at 12:41 a.m., appellant Hernandez robbed the Adult World Bookstore. The robbery was effectuated with the use of a knife. The total taken by the robbery was approximately $130 in cash. Approximately one hour later, Hernandez entered a 7-Eleven store. Again, Hernandez was armed with a knife and effectuated a robbery. The second robbery netted Hernandez approximately $50 in cash. In getting away from the 7-Eleven store, Hernandez was seen leaving in a vehicle which had the left taillight lens broken out. The clerk called the Modesto Police Department and described Hernandez and the car.

At approximately 2:30 a.m. on the same date, a Modesto police officer observed the vehicle. The vehicle was stopped and Hernandez was arrested. When he was arrested, Hernandez was in possession of three $1 bills.

At the Modesto Police Department, Hernandez admitted his involvement in the robberies. He claimed, however, that…