Weaver

Appellant Richard C. Weaver was charged with robbery (Pen. Code, § 211), attempted murder (Pen. Code, §§ 664, 187) and 10 other offenses. The information further alleged as follows; (1) appellant used a firearm in the commission of the robbery and attempted murder within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a); (2) appellant had suffered two prior felony convictions within the meaning of Penal Code section 1203, subdivision (e)(4); and (3) appellant had suffered an additional prior felony conviction within the meaning of Penal Code section 667.5, subdivision (b). Appellant pleaded guilty to the above named charges and allegations. On motion of the district attorney, the other charges were dismissed in the interest of justice.

On December 13, 1982, the superior court sentenced appellant to state prison for the upper term of nine years for the attempted murder, plus an additional two years for the use enhancement, plus a consecutive sentence of one year and eight months for the robbery with a use enhancement, plus one year for the Penal Code section 667.5 prior; for a total of thirteen years, eight months. He was given the appropriate…