What is the appropriate aggregate sentence for a defendant convicted of two counts of possession of a firearm?

However, on this record, it is clear count 2 was not properly designated as a subordinate term and count 1 was not properly designated as the principal term. Structuring aggregate sentencing for multiple convictions is a three-step process. First, the trial court determines the sentence to be imposed on each of the convictions. Second, the trial court designates the longest of the sentences imposed in step one as the principal term, and the shorter sentences as subordinate terms. Third, the trial court calculates the sentence on each subordinate term as one-third of the middle term prescribed by statute for each conviction. (People v. Miller (2006) 145 Cal.App.4th 206, 216.) The reduction of the sentence for the subordinate term does not occur before the court determines the

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principal term by selecting the longest of the sentences to be imposed. (Id. at pp. 216-217.)

As to count 2, the court imposed the midterm of two years. As to count 1, the court imposed one-third of the midterm of 1.5 years or six months, plus two consecutive 10-year terms for the enhancement allegations attached to that count, for a total of 20 years six months on count 1. Determination of the principal term requires the court include in its calculation "any term imposed for applicable specific enhancements." ( 1170.1, subd. (a).) Accordingly, the sentence for the attempted robbery in count 1, including the terms imposed for the applicable specific enhancements, should be 21.5 years (the midterm of 1.5 years, plus two 10-year terms for the weapon use and gang enhancements attached to that count). Since count 1 had the greatest term of imprisonment, it had to be designated the principal term. This determination is not a discretionary one, but is mandated by section 1170.1. (See People v. Chagolla (1983) 144 Cal.App.3d 422, 433, fn. 1.)

Here, the court imposed a lawful sentence, but fashioned it in an unauthorized manner. (People v. Mustafaa (1994) 22 Cal.App.4th 1305, 1311.) We will therefore remand the matter to the trial court to resentence defendant. The trial court is directed to select attempted robbery in count 1 as the principal term and sentence defendant in accordance with this opinion.

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B. Sentence on Count 3 (Possession of Ammunition by a Felon)