P. v. Eversole
Filed 7/28/06 P. v. Eversole CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. ROBERT VICTOR EVERSOLE, Defendant and Appellant. |
F048480
(Super. Ct. No. 04CM2027)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kings County. Lynn C. Atkinson, Judge.
John Steinberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez and Jamie A. Scheidegger, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Appellant Robert Victor Eversole appeals the imposition of a consecutive sentence on the charge of possession of a firearm by a felon. He contends the possession was part of a single, indivisible course of conduct with the robbery and Penal Code section 654[1] requires the punishment be stayed. Under the facts of this case, Eversole is mistaken and we will affirm the judgment.
FACTUAL AND PROCEDURAL SUMMARY
Eversole and codefendant Jason Frank Duke robbed Valley Rexall Pharmacy in Hanford. Prior to the robbery, Eversole armed himself with a black nine-millimeter semiautomatic gun and provided Duke with a revolver gun. After arming themselves, Eversole and Duke waited outside the pharmacy for a few minutes to observe the scene.
Eversole and Duke entered the pharmacy with their guns and Eversole told everyone â€
