P. v. Simental
Defendant Ray Tommy Simental appeals from the judgment of conviction following a jury trial. He was convicted of second degree robbery (count 1; 211) and grand theft of more than $400 (count 2; 487, subd. (a)).[1]Defendant admitted that he had previously been convicted of violating section 422, which qualified as both a prior strike ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and a prior serious felony ( 667, subd. (a)(1)). The trial court sentenced defendant to total term of 15 years in state prison, calculated as follows: the upper term of five years for the robbery conviction, which was doubled based on the prior strike conviction, plus an additional term of five years for the prior serious felony conviction. The court stayed the sentence for grand theft pursuant to section 654. The court awarded defendant 200 days of custody credit: 134 actual days, plus 66 days good time/work time.
The judgment is affirmed.
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