People v. Gonzalez

Opinion

GATES, J.

Defendant appeals from the judgment entered following a nonjury trial that determined he had used a firearm during the commission of a robbery in which great bodily injury had been inflicted. He contends: “The trial court erred by (a) failing to elect between a determinate non-life sentence and a life sentence as a habitual offender after declaring that appellant should serve only 11 years; and (b) using the same facts to impose both an aggravated term and enhanced terms for prior convictions and habitual offender status.”

Appellant’s contentions arise in the following manner.…