Almeda

*1202 Opinion

Defendant was convicted of burglary (count I; Pen. Code, § 459), 1 robbery of an inhabited dwelling house (count II; §§ 211, 213.5), attempted murder (count III; §§ 664, 187, subd. (a)) and knowingly receiving stolen property (count V; § 496) arising out of one incident, and of another count of robbery (count IV, § 211) stemming from a second incident. In connection with the first three counts, the jury found that defendant intentionally inflicted great bodily injury (§ 12022.7) upon a person over 60 years old (§ 1203.09) and personally used a deadly weapon. (§ 12022, subd. (b).) After the receiving stolen property count was dismissed, defendant was sentenced to state prison for 14 years 8 months.

On appeal, defendant argues the deadly weapon use enhancement on count II was improper and contends the court erred by imposing sentence for both the attempted murder and robbery convictions because they were incident to the same objective. (§ 654.) We do not agree and shall affirm the judgment.

Facts

Defendant was convicted of crimes arising out of two separate incidents. His contentions of error relate to the convictions connected to only one of those and thus our…