Savala

After a jury trial defendant Rudy Savala was convicted of four counts of robbery with special findings that he personally used a firearm in each robbery (Pen. Code, §§ 211, 12022.5), one count of assault on a police officer engaged in the performance of his duties (Pen. Code, § 245, subd. (b)), and one count of being a convicted felon in the possession of a concealable firearm (Pen. Code, § 12021). Defendant admitted he had suffered a prior felony conviction and prison term. (Pen. Code, § 667.5, subd. (b).)

Defendant was sentenced to 12 years and 4 months in prison. In People v. Savala (1981) 116 Cal.App.3d 41 [ 171 Cal.Rptr. 882 ], we affirmed the convictions. We found sentencing error, in that the trial court had included enhancements for the use of a firearm (Pen. Code, § 12022.5), in calculating the length of defendant’s consecutive sentences, contrary to the decision in People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ]. We “remanded to the trial court with directions to set aside the sentence and to resentence defendant in accordance with People v. Harvey. ” (People v. Savala, supra, 116 Cal.App.3d at p. 62 .)

On remand defendant was again…