P. v. Lewis
Appellant used a handgun to rob two grocery stores. Defendant was tried before a jury and convicted of five counts of second degree robbery with enhancements for firearm use, discharge of a firearm and a prior conviction of a serious felony. Appellant was sentenced to prison for an aggregate term of 66 years 4 months.
Appellant argues that the case must be remanded for resentencing because (1) the court imposed upper term and consecutive sentences based on facts neither admitted by him nor found true by the jury; (2) the court abused its discretion when it imposed consecutive rather than concurrent sentences on three of the robbery counts; and (3) the court erred when it ordered him to pay victim restitution to Vons Markets based on its payment of workers' compensation benefits to its employee victims of the robberies. Court affirmed.
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