P. v. Cardona
A jury found appellant Daniel Cardona guilty of kidnapping to commit robbery (aggravated kidnapping) (Pen. Code,[1] § 209, subd. (b)(1); count 1), robbery (§ 211; count 2), and attempted robbery (§§ 664, 211; count 3). In a bifurcated proceeding, the trial court found appellant suffered three prior convictions, which qualified as prior strikes (§ 667, subds. (b)-(i)) and serious felony enhancements (§ 667, subd. (a)(1)). Appellant was sentenced as a third strike offender to prison for a total of 40 years to life: 25 years to life on each count, plus 15 years for the serious felony conviction enhancements; the court ordered the sentences on each count to run concurrently.
On appeal, appellant contends: (1) the trial court erred by denying his request for a trial continuance to admit proposed expert testimony on posttraumatic stress disorder; (2) the evidence was insufficient to support his conviction of aggravated kidnapping; (3) the trial court erred in imposing three five-year serious felony enhancements and should have imposed only two of the enhancements; and (4) the imposition of concurrent terms for the aggravated kidnapping and the robbery violated section 654. Court agree with appellant's third contention, which respondent concedes, and will direct the trial court to amend the abstract of judgment accordingly. In all other respects, the judgment will be affirmed.
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