PEOPLE v. SMITH

Docket No. 4399.

101 Cal.App.3d 964 (1980)

161 Cal. Rptr. 787

THE PEOPLE, Plaintiff and Respondent, v. MICKEY JOE SMITH, Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 6, 1980.


Attorney(s) appearing for the Case

COUNSEL

John McDougall, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and Jane Kirkland Fischer, Deputy Attorneys General, for Plaintiff and Respondent.


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...

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