Calderon

This is our second review of this case. In the first (GO10983), we reversed a count of attempted robbery with directions to dismiss because it was a lesser included offense of a completed robbery set forth in another count. This would have potentially reduced Manuel Lopez Calderon’s twenty-three-year, four-month sentence by one year. We remanded for resentencing to allow the court to restructure the sentence in its discretion. By changing a stayed sentence on one count to a consecutive one, the judge reimposed the original term. We now affirm.

I

Calderon first questions the reasons given by the judge for giving a number of consecutive terms. The sentence was constructed in this manner: First, the court correctly noted defendant was statutorily ineligible for probation (Pen. Code, § 1203.06, subd. (a)(l)(ii) [commission of robbery with use of a firearm]). The judge then announced, “And it’s my intentions [szc], so that you’ll understand what I’m doing, to reimpose the 23-years- and-one-third sentence that was previously imposed.”

Only the sentence on count 1 changed, and the court dealt with it last. Count 14 was selected as the base term. That was an attempted murder…