P. v. Hermosillo
Defendant Jose Horace Hermosillo entered a negotiated plea of guilty to three counts related to a burglary and vandalism of a vehicle committed in November 2010, six counts related to a burglary of Valley Medical Center committed in March 2010, and one count of false application for a driver’s license committed in January 2008. And, after a court trial, the trial court found true an allegation for purposes of the Three Strikes law and nine prior-prison-term allegations for purposes of sentence enhancements. It sentenced defendant to 13 years and eight months in prison. On appeal, defendant contends that (1) the trial court erred by sentencing him to a term in excess of the plea bargain, (2) his 16-month consecutive sentence for vandalism constitutes improper multiple punishment (Pen. Code, § 654),[1] (3) he received ineffective assistance of counsel because his counsel failed to object to the consecutive sentence for vandalism, and (4) he is entitled to additional presentence custody credits via retroactive application of the October 2011 amendment to section 4019, which facially applies to defendants who committed their crimes after October 1, 2011. We disagree and affirm the judgment.
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