People v. Raby

Opinion

CROSBY, J.

Aleck Raby was convicted of nine counts of robbery with the personal use of a gun (Pen. Code, §§ 211, 12022.5). He contends the court erred in (1) finding the use allegations applicable to an inoperable handgun, (2) employing previous prison terms to justify imposition of consecutive sentences after the prosecution failed to prove the priors at trial, and (3) imposing consecutive sentences for more than two firearm use enhancements. The Attorney General responds by seeking to overturn the court’s acquittal on one of the alleged prior convictions.

I

Raby, a professional scoffiaw…