People v. Roberson

Opinion

BROWN (Gerald), P. J . —

Jackie Eugene Roberson pied guilty to using a firearm to rob a Jolly Roger Restaurant (Pen. Code, ’§§ 211, 12022.5, 1203.06, subd. (a)(l)(iii)) and admitted two prior convictions. He appeals the judgment claiming his sentence was improperly computed.

The new sentencing law provides three possible terms: the lowest is to be used where there are mitigating circumstances and the highest when there are aggravating circumstances (Pen. Code, § 1170). Use of a firearm and prior convictions may serve as aggravating circumstances (Cal. Rules of Court, rule 421).…