P. v. Ross
Defendant, Arthur J. Ross, was originally convicted of: kidnapping to commit robbery (Pen. Code,[1] 209, subd. (b)(1)); second degree robbery ( 211); three counts of attempted second degree robbery ( 211, 664); and two counts of assault with a semiautomatic firearm. ( 245, subd. (b).) In an unpublished opinion (People v. Jones and Ross (March 15, 2006, B179610) [nonpub. opn.]), we reduced defendants conviction for kidnapping to commit robbery to false imprisonment by violence ( 237, subd. (a)) and remanded the matter to allow the trial court to resentence him on all counts. Thereafter, the trial court: selected count 6 (assault with a semiautomatic firearm) as the principal term; imposed the upper term of nine years; and doubled that term pursuant to section 667, subdivision (e)(1). The trial court also imposed a consecutive term as to count 3, attempted robbery. Defendant argues the trial court improperly imposed the upper term as to count 6. Court affirm with modifications.
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