P. v. Luton

Filed 5/23/06 P. v. Luton CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from a judgment of the Superior Court of the County of Los Angeles, William J. Birney, Judge. Affirmed.

Valerie G. Wass, under appointment by the California Court of Appeal, for Defendant and Appellant Darrell Luton.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters and Richard T. Breen, Deputy Attorneys General, for Plaintiff and Respondent.

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Darrell Luton appeals the judgment entered after a jury convicted him of eight counts of second degree robbery and found true, as to three of the counts, that he had personally used a firearm. Luton challenges both the conduct of his trial and the sentence imposed by the court.[1] We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

An amended information charged Luton with nine counts of second degree robbery (Pen. Code, § 211)[2] (counts 1, 2, 3, 5, 6, 7, 8, 10 and 11) and further alleged that, in the commission of counts 1, 5, 6, 7 and 11, he had personally used a firearm (§ 12022.53, subd. (b)). The amended information also alleged Luton had suffered four prior serious felony convictions (§ 667, subd. (a)(1)) and six prior violent or serious felony convictions within the meaning of the â€