People v. Lambeth

Opinion

LAURITZEN, J. *

Appellant was convicted after jury trial of robbery with the personal use of a firearm (Pen. Code, §§ 211, 12022.5). He appeals from the judgment.

Dual Use of Facts

Appellant first contends that the trial court improperly made dual use of the fact of his gun use to enhance his sentence and to impose an upper base term.

The trial court sentenced appellant as follows: “The Court: Well, it’s unfortunate in this case. Defendant has demonstrated that he is a very serious danger to the general public, not only to property, but to the general public. Certainly would not be an…