Schaefer

Defendant Ferdinand Gustave Schaefer appeals from the judgment entered on his negotiated guilty plea to six counts of robbery and his admission that the Penal Code section 12022.5, subdivision (a) enhancement as to each count and the three Penal Code section 667, subdivision (a) prior felony convictions were true. Schaefer’s sole contention is that he is similarly situated to the defendant in People v. Vasquez (1992) 7 Cal.App.4th 763 [ 9 Cal.Rptr.2d 255 ], who obtained a reversal of true findings on firearm enhancements because of the legislative decision to remove pellet guns from the statutory definition of “firearm.” (Id. at pp. 766-768.) We partially agree. Schaefer’s use of a pellet gun during his commission of each of the charged offenses entitles him to the benefit of Vasquez . However, Vasquez does not eliminate the law holding a pellet gun to be a deadly or dangerous weapon within the meaning of Penal Code section 12022, subdivision (b). (See e.g., People v. Montalvo (1981) 117 Cal.App.3d 790, 797 [ 173 Cal.Rptr. 51 ].) Accordingly, we agree with the Attorney General’s argument (to which Schaefer has not responded) that Schaefer’s admission of the Penal Code…