People v. Smith

Opinion

ROBIE, J. *

Introduction

A jury found the defendant guilty of robbery (Pen. Code, § 211) 1 and burglary (§ 459); the jury also found true a special allegation that defendant was armed with a firearm (§ 12022, subd. (a)) during the commission of the burglary. The jury found that defendant did not use a firearm during the commission of robbery, as alleged. (§ 12022.5.) The court imposed the upper term of five years for robbery. The court also imposed the middle term of two years for burglary and one year for its enhancement, both to run concurrent to the robbery sentence. The aggregate…