People v. Harvey

*757Opinion

RICHARDSON, J.

Defendant Michael Alan Harvey appeals from a judgment entered following his plea of guilty to two counts of robbery (Pen. Code, § 211) with use of a firearm. (All further statutory references are to the Penal Code unless otherwise cited.) The plea was part of a bargain under which a third count, charging an unrelated robbery, was dismissed. He was sentenced to state prison for an aggregate term of seven years and eight months. Calculation of that term included four elements: (1) a four-year “upper” term for the robbery charged in count one (see former § 213); (2) a…