Morrison

Defendant was charged with (1) assault with a deadly weapon, (2) kidnaping for the purpose of robbery subjecting the victim to bodily harm, (3) robbery, and (4) robbery of a second victim. As to all counts defendant was alleged to have been armed with a deadly weapon, a metal bar usable as a club, and to have suffered two prior felony convictions.

Count 1 was dismissed and a jury trial was had on counts 2, 3 and 4, the jury returning a guilty verdict on all counts, finding the victim to have suffered bodily harm in count 2, the robberies to have been of the first degree, while armed, and the allegations of two prior felony convictions to be true.

Defendant waived a jury trial with respect to the issue of penalty and the filing of an application for probation, requesting immediate sentence. The court sentenced him to life imprisonment without possibility of parole on count 2. A motion for a new trial on counts 2 and 3 was denied. Later defendant was sentenced to state prison as to counts 3 and 4, the sentences to run consecutively with each other, but concurrently with the life sentence on count 2. Defendant ap pealed in propria persona and this court rendered its decision,…