Gillispie
People v. Gillispie
Opinion
Opinion
Swager, J.
Victor Gillispie appeals a judgment committing him to state prison for a term of 45 years and 8 months for a series of convictions of robbery and possession of a firearm as a felon. We modify in part, and otherwise affirm.
Procedural History
An information filed on January 25, 1996, in Alameda County charged appellant with ten counts of robbery (Pen. Code, § 211), one count of attempted robbery (Pen. Code, §§ 664, 211), and four counts of possessing a firearm as a felon (Pen. Code, § 12021). With respect to two counts of robbery and the count of attempted robbery, the information alleged enhancements for being armed with a firearm (Pen. Code, § 12022, subd. (a)), and, with respect to seven counts of robbery, it alleged enhancements for personal use of a firearm (Pen. Code, § 12022.5). The court later struck two of the personal-use enhancements on the motion of the district attorney. The information further alleged that appellant had been convicted in 1993 of residential burglary, a serious felony for purposes of the “Three Strikes” law (Pen. Code, § 667, subds. (a) and (e)(1)) and had served a prior term in state prison for a conviction of possession of narcotics…