People v. Seals
Annotate this CaseDefendant was convicted of second degree robbery and second degree commercial burglary when he stole a cellphone from a store. After a confrontation with the storeowner, defendant pulled out a knife as he attempted to flee. The phone defendant stole was for $899, plus sales tax, which increased the price to almost $1,000. The Court of Appeal held that the jury properly included sales tax in determining whether defendant entered the property with intent to steal an item with a value grater than $950; the jury properly considered sales tax when determining the fair market value of the phone; substantial evidence supported defendant's conviction for second degree robbery; the trial court did not abuse its discretion in denying defendant's Romero motion; defendant's sentence of 25 years to life was not cruel and unusual punishment; and the judgment must be modified to reduce the amount of presentence conduct credit to 89 days. Accordingly, the court modified the judgment and affirmed in all other respects.
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