P. v. Gonzales
On the 23rd day of the jury trial in this case, defendant Joe Manuel Gonzales pleaded no contest to eight counts of grand theft from an elder adult (Pen. Code, 368, subd. (d)),[1] and four counts of attempted grand theft from an elder adult ( 368, subd. (d), 664), and admitted two prior strike convictions ( 667, subds. (b)-(i), 1170.12), and enhancements for excessive loss ( 12022.6, subd. (a)(1), 1203.045, subd. (a)). Defendant was sentenced to 10 years in prison, consisting of the midterm of three years on the first grand theft count, and one year for each of the other seven grand theft counts.
Defendant contends that the consecutive sentences must be reversed because they were imposed: in violation of section 654; based on improper use of elements of the offenses; or in contravention of Apprendi (Apprendi v. New Jersey (2000) 530 U.S. 466) and Cunningham (Cunningham v. alifornia (2007) 549 U.S. 270). Court find no valid ground for overturning the consecutive sentences and affirm the judgment.
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