Gillispie

People v. Gillispie

Bad Law
1997 Cal. App. LEXIS 1088·60 Cal. App. 2d 429·60 Cal. App. 4th 429·70 Cal. Rptr. 2d 462·97 Cal. Daily Op. Serv. 9667
Court of Appeal of CaliforniaDecember 23, 1997A074843California1,952 words

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…

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