Borunda

Defendant was charged with 46 counts of robbery. (Pen. Code, § 211.) Each count contained a firearm use allegation. (Pen. Code, § 12022.5.) He pled guilty to 32 counts and admitted the use allegation in each instance. He was sentenced to seventeen years in prison—a four-year upper term on one count of robbery, plus a two-year enhancement for the armed allegation, and one-third of the midterm as to each of eleven consecutive sentences. The remaining counts were ordered stayed pending appeal and completion of the sentence.

*357 The issue on appeal is one which ranks among the worst headaches for appellate courts in California. Defendant contends that under the rationale of People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ], there is a five-year “lid” on his consecutive sentences under Penal Code section 1170.1, subdivision (a). This would reduce his sentence from 1:7 to 11 years. However, Harvey did not discuss the consecutive sentence lid issue, and we decline to extend its reasoning here. In short, we reject defendant’s claim that Harvey means all armed robberies after the first six are on the house.

Some historical overview is in order. In 1977,…