P. v. Kube
The jury found defendant and appellant Robert Edward Kube guilty of robbery in violation of Penal Code section 211,[1]specially finding the robbery was in the first degree and defendant personally used a handgun in committing the robbery within the meaning of section 12022.53, subdivision (b). In a separate proceeding, with defendant having waived his right to a jury trial, the trial court found defendant suffered three prior convictionsa 1991 residential burglary ( 459), a 1994 narcotics possession offense (Health & Saf. Code, 11350), and a 2003 narcotics possession for sales offense (Health & Saf. Code, 11350)for which he served prison terms ( 667.5), with the burglary being a serious felony ( 667, subd. (a)) and a strike under the three strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The trial court initially imposed a 30-year term, consisting of the upper term of 6 years doubled as a result of the strike prior, plus 10 years for the gun use enhancement, another 5 years for the prior serious felony enhancement, and 3 years for the three prior prison term enhancements. Four days later, after defendant had filed his notice of appeal, the trial court granted defendants motion to modify the judgment and ordered the three prior prison term enhancements stayed under section 654.
Court reverse that part of the judgment imposing and staying the one year enhancement for a burglary prior prison term and remand for further proceedings on the remaining prior prison term enhancements, and otherwise affirm.
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