P. v. Nichols
Eric Anthony Nichols (Nichols) and Jason Allen Morris (Morris) (collectively appellants) appeal from the judgments entered upon their convictions of second degree robbery (Pen. Code, § 211).[1] Nichols also appeals his conviction for being a felon in possession of a firearm (§ 12021, subd. (a)(1)). Nichols was convicted by jury and Morris by plea of guilty and admission of a prior felony strike (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and a prior serious felony (§ 667, subd. (a)(1)).
With respect to Nichols, the jury found to be true the allegation that in connection with the robbery, he personally used a firearm (§ 12022.53, subd. (b)). The trial court found that he had suffered a prior prison term within the meaning of section 667.5, subdivision (b). It sentenced him to an aggregate state prison term of 16 years, calculated as the upper term of five years for the robbery conviction, 10 years for the firearm enhancement and one year for the prior prison term enhancement, as well as a concurrent two-year term for his conviction of being a felon in possession of a firearm.
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