Forbes
People v. Forbes
Opinion
Lead Opinion
Lewis, J.
*678 Opinion
Brian Ray Forbes was convicted by a jury of robbery (Pen. Code, 2 § 211) and of the use of a firearm in the commission of the robbery (§ 12022.5). The jury also found to be true the allegation Forbes had suffered a prior serious felony conviction (residential burglary) in the State of Florida. (§ 667, subd. (a), 1192.7, subd. (c)(18).) Forbes was sentenced to prison for the upper term of five years on the robbery conviction and two additional years for the firearm use. An additional five years was added to the sentence for the prior serious felony conviction. At the same hearing, Forbes was sentenced on another case of vehicle theft while released from custody on the primary offense to an additional two years and eight months consisting of one-third the two-year midterm plus a two-year enhancement. (Veh. Code, § 10851; § 12022.1; CR63492.) The vehicle theft term was ordered to run consecutively to the robbery term, making a total term of 14 years, 8 months. This sentence was ordered to be served consecutively to an uncompleted Florida sentence from which Forbes had escaped. Forbes appeals, asserting that the trial court failed to state legally proper or sufficient…