People v. Patterson CA2/4

INTRODUCTION

In June 2004, a jury found defendant Norice Patterson guilty of five counts of home invasion robbery (Pen. Code, § 211)1 and one count of possession of a firearm by a felon (former § 12021, subd. (a)(1)). The jury also found true the allegation that as to the five robbery counts Patterson personally used a firearm. (§ 12022.53, subd. (b).) Patterson admitted the truth of the allegation that he had suffered one prior strike conviction pursuant to section 667, subdivision (a)(1) and the “Three Strikes” law. (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i).) The court sentenced Patterson to 56 years and four months in prison, consisting of the middle term of six years, doubled to 12 as a second strike, plus a 10-year consecutive term for personal gun use enhancement, and a five-year consecutive term for prior serious felony enhancement (count 1); consecutive 14-year terms (a doubled one-third the middle term of four years, plus 10 years for personal gun use enhancement) (counts 2 & 3); concurrent sentences for counts 4 and 5 (striking the personal gun use enhancement); and a consecutive one-third the middle term of eight months, doubled to 16 months, for the final…