P. v. Young
Appellant Robert Parker Young was charged by felony information with elder or dependent adult abuse, resulting in death. (Pen. Code, 368, subd. (b)(1).)[1] It was alleged that he had proximately caused the death of the victim, who was 70 years of age or older. (Id., subd. (b)(3)(B).)[2] It was further alleged that the crime involved a high degree of cruelty, viciousness, or callousness; the victim was particularly vulnerable; and appellant took advantage of a position of trust and confidence to commit the offense. (Cal. Rules of Court, rule 4.421(a)(1), (3) & (11).) Appellant entered a plea of not guilty and denied the special allegations. After voir dire commenced, he withdrew his not guilty plea and pleaded guilty and admitted the special allegations. The trial court denied probation and sentenced appellant to nine years in state prison, consisting of the low term of two years, plus a seven-year enhancement pursuant to section 368, subdivision (b)(3)(B). He was given 780 days of presentence custody credits and ordered to pay $2,073.56 in victim restitution. ( 1202.4, subd. (f).) Appellant claims that the trial court mistakenly believed it lacked discretion to strike his seven year enhancement, thus the matter must be remanded. Court affirm his conviction, but remand for resentencing.
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