P. v. Robinson
A jury convicted appellant, Robert Eugene Robinson, on two counts each of attempted voluntary manslaughter (counts 1 & 3/Pen. Code 664/192, subd. (a)) and assault with a deadly weapon (counts 2 & 4/ 245, subd. (a)(1)). The jury also found true allegations in counts 1 and 3 that Robinson personally used a deadly weapon ( 12022, subd. (b)(1)) and allegations in counts 1 through 4 that he inflicted great bodily injury ( 12022.7). In a separate proceeding, Robinson admitted a prior prison term enhancement in counts 1 through 4.
On November 29, 2005, the court sentenced Robinson to an aggregate, unstayed term of 12 years 10 months as follows: the upper term of five years six months on count 1, a one year weapon enhancement in that count, a three year great bodily injury enhancement in that count, and a one-year prior prison term enhancement, a one-year term on count 3 (one third the middle term of three years), a four month weapon enhancement in that count (one third the enhancement term of one year), and a one year term on the great bodily injury enhancement in that count (one third the enhancement term of three years). The court also imposed stayed aggregate terms of eight years each on counts 2 and 4 consisting of the aggravated term of four years on the substantive offense in each count, a three year term for the great bodily injury enhancement in each count and a one year prior prison term enhancement in each count. On appeal, Robinson contends: (1) the court committed Blakely error; and (2) the court erred in imposing more than one prior prison term enhancement. Court find merit to Robinsons second contention and modify the judgment accordingly. In all other respects, Court affirm.
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