California v. CardenasAnnotate this Case
A jury found defendant-appellant Jose Cardenas guilty of one count of robbery, and three counts of burglary. As to counts 1 and 3, the jury found true: that defendant had personally inflicted great bodily injury upon a person 70 years of age or older; and that he had burglarized and robbed a person who was 65 years of age or older. In a bifurcated proceeding, defendant admitted that he had served three prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). Defendant was sentenced to a total term of 18 years in state prison with credit of 451 days for time served. On appeal, defendant argued: (1) there was insufficient evidence to support the great bodily injury enhancement attached to counts 1 and 3; (2) the trial court erred in imposing sentences on both counts 1 and 3 in violation of Penal Code section 654; (3) the trial court erred in imposing punishment on the two enhancement allegations attached to count 1; and (4) the trial court erred in calculating his presentence custody credits. Upon review, the Court of Appeal modified defendant’s sentence and presentence custody credits and affirmed the judgment as modified.