Douglas

Defendant and appellant Terry L. Douglas appeals from the judgment entered following his conviction by jury of six counts of second degree robbery with the personal use of a firearm (counts 1, 4-8—Pen. Code §§211, 12022.5, subd. (a)) and two counts of attempted second degree robbery with the personal use of a firearm (counts 3 & 9—Pen. Code, §§ 664/211, 12022.5, subd. (a)), and the finding by the trial court he had suffered a prior serious felony conviction (Pen. Code, § 667, subd. (a)) and had served a prison term with the meaning of Penal Code section 667.5, subdivision (b). He was sentenced to the five-year upper term as to count 5 plus the five-year upper term for the use enhancement with one-year consecutive terms for each of the remaining robberies and eight-month consecutive terms for both of the attempted second degree robberies plus a one-year, four-month term for each of the corresponding use enhancements together with five years for the prior serious felony conviction, for a total term of thirty years, eight months.

Factual and Procedural Background

About 11:30 p.m. on August 14, 1993, Gertrude Traver (count 1) and her daughter were sitting in the ’Til Two…