Carter

*130 Opinion

Two separate juries convicted defendant of a total of 14 offenses—11 counts of second degree robbery (Pen. Code, §§211, 212.5; further statutory references to sections of an undesignated code are to the Penal Code), 2 counts of attempted second degree robbery (§§211, 212.5, 664), and 1 count of attempted kidnapping (§§ 207, 664). 1 Enhancements for personal use of a deadly weapon (§ 12022, subd. (b)) were found as to eight of the offenses, including five of the robberies. In consolidated proceedings, defendant was sentenced to state prison for 14 years, 4 months.

On appeal, defendant contends: (1) The court improperly influenced the first jury and failed to inquire as to why some jurors were not deliberating; (2) the evidence is insufficient to support one of the robbery convictions; and (3) the court erred in calculating the subordinate term.

In the published portion of this opinion we shall conclude that the 10-year limit on subordinate terms imposed by section 1170.95, subdivision (g) applies only to nonviolent robberies with use of a deadly weapon and is not a limitation on the cumulative subordinate term imposed for that kind of robbery as well as for other…

Concurring and Dissenting.—For the reasons set forth in People v. Navarro (1991) 235 Cal.App.3d 1144, 1148-1153 [ 1 Cal.Rptr.2d 245 ], I construe Penal Code section 1170.95, subdivision (g), as placing a 10-year limit on the subordinate terms that could be imposed on defendant. Accordingly, four months of the ten-year, four months subordinate terms imposed by the trial court should be stayed. In all other respects, I concur with the majority opinion.

Appellant’s petition for review by the Supreme Court was denied January 14, 1998.

[Opinion certified for partial publication. [*] ]

OPINION

PUGLIA, P.J.

Two separate juries convicted defendant of a total of 14 offenses — 11 counts of second degree robbery (Pen. Code, §§ 211, 212.5; further statutory references to sections of an undesignated code are to the Penal Code), 2 counts of attempted second degree robbery (§§ 211, 212.5, 664), and 1 count of attempted kidnapping (§§ 207, 664). [1] Enhancements for personal use of a deadly weapon (§ 12022, subd. (b)) were found as to eight of the offenses, including five of the robberies. In consolidated proceedings, defendant was sentenced to state prison for 14 years, 4 months.

On appeal, defendant contends: (1) The court improperly influenced the first jury and failed to inquire as to why some jurors were not deliberating; (2) the evidence is insufficient to support one of the robbery convictions; and (3) the court erred in calculating the subordinate term.

In the published portion of this opinion we shall conclude that the 10-year limit on subordinate terms imposed by section 1170.95, subdivision (g) applies only to nonviolent robberies with use of a deadly weapon and is not a limitation on the cumulative…