Lyons

Introduction

Defendant used a firearm in the commission of several robberies in May of 1996. Because he had two prior strike convictions under Penal Code sections 667 and 1170.12, defendant received an indeterminate term of 125 years to life in prison, plus a determinate term of 33 years. In the published portion of this case we reject defendant’s contention that enhancements to his prison sentence for firearm use should have been reduced to one-third the middle term. We hold the trial court correctly added full-term firearm-use enhancements to defendant’s indeterminate terms under the three strikes sentencing law.

Procedural History

Factual History*

Discussion

I., II.*

III. The firearm-use enhancement

Defendant contends the trial court erred when it did not reduce the firearm-use enhancements on counts 1, 8 and 10 to one-third the middle term. He argues the one-third limitation on consecutive sentences contained in section 1170.1, subdivision (a), applies to a three strikes sentence such as his. We reject this contention.

Defendant argues that under section 1170.1, subdivision (a), when a person is convicted of multiple felonies and is sentenced to consecutive…