PEOPLE v. RABY

Docket No. G001745.

179 Cal.App.3d 577 (1986)

224 Cal. Rptr. 576

THE PEOPLE, Plaintiff and Respondent, v. ALECK EUGENE RABY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

March 31, 1986.


Attorney(s) appearing for the Case

COUNSEL

Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Frederick R. Millar, Jr., Michael D. Wellington and Janelle B. Davis, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CROSBY, J.

Aleck Raby was convicted of nine counts of robbery with the personal use of a gun (Pen. Code, §§ 211, 12022.5). He contends the court erred in (1) finding the use allegations applicable to an inoperable handgun, (2) employing previous prison terms to justify imposition of consecutive sentences after the prosecution failed to prove the priors at trial, and (3) imposing consecutive sentences for more than...

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