P. v. Herrarte
Audel Enrique Herrarte was convicted of one count of elder abuse (Penal Code, 368, subd. (b)(1)). The jury found true the special allegation that appellant personally inflicted great bodily injury on the victim ( 12022.7, subd. (c)). The court sentenced appellant to the upper term of four years for elder abuse, choosing the upper term because appellant was on probation. The court added an additional consecutive sentence of five years for the enhancement.
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