People v. Smith

Opinion

BROWN (G. A.), P. J.

Appellant was convicted after jury trial of robbery (Pen. Code, 1 § 211) with the use of a firearm (§ 12022.5). The trial court sentenced appellant to a four-year upper base prison term with a two-year firearm use enhancement. On appeal from the judgment, appellant’s sole contention is that the trial court used the same fact as a basis for the upper term and for a firearm use enhancement.

At the sentencing hearing, the trial court stated the following facts and reasons for the sentence: “The Court: The planning of the crime indicates that it was obviously…