Trotter

Ronald Keith Trotter (defendant) was convicted of unlawfully taking a vehicle, evading a police officer with willful and wanton disregard for the safety of others, and three counts of assault on a peace officer with a firearm. The jury also found he personally used a firearm in the commission of the offenses. He was sentenced to an aggregate term of thirteen years, four months in prison, consisting of a midterm sentence of six years for the first assault, a consecutive two-year sentence for the second assault, four years for the use of a firearm in the first assault, and a consecutive term of one year, four months for using a firearm in the second assault. Sentence on all remaining counts and enhancements was stayed.

In the published portion of the opinion, we consider defendant’s contentions that the jury found he was armed with a firearm, not that he used a firearm, and that the trial court erred in imposing consecutive sentences for two of the assaults.

I. Facts

On the morning of July 6, 1990, defendant entered a taxi cab driven by Valeri Yakubov at the John Wayne Orange County Airport. Defendant, who is Black, wore light makeup on his face and his hair was painted…