P. v. Garcia
Julio Cesar Garcia appeals from a conviction after jury trial of one count each of second degree robbery (Pen. Code, § 211),[1] criminal threats (§ 422) and battery (§ 243, subd. (e)(1)). The felony information alleged that he committed these offenses while released on bail in two other pending cases (Nos. 2010020113 and 2010032933). (§ 12022.1, subd. (b).) After appellant waived jury, the trial court found the on-bail allegations to be true.
The trial court sentenced appellant to the middle term of three years on the robbery count. The court granted appellant's motion to reduce the remaining two counts to misdemeanors, and imposed a one-year jail sentence on each count, to run concurrently with the prison sentence, plus two years for the on-bail enhancements. In the other two cases, appellant pled guilty to one count of second degree burglary of a motor vehicle (§ 459) and one count of brandishing a weapon (§ 417). The trial court sentenced him to eight months (one-third the middle term) on each count, to run consecutively to the five years imposed in the present case, for a total sentence of six years four months.
The trial court imposed the minimum statutory restitution fines in each case (§§ 1202.4, subd. (b), 1202.45), and awarded appellant a total of 327 days custody credit, consisting of 283 actual custody credit and 44 days good conduct credit. Appellant filed a timely notice of appeal from the judgment in the present case.
Comments on P. v. Garcia