P. v. Estrella CA2/5
The jury found defendant and appellant Armando Estrella guilty of elder abuse (Pen. Code, § 368, subd. (b)(1) [count 1]), and battery causing serious bodily injury (id., § 243, subd. (d) [count 2]). It found true the special allegation that Estrella inflicted great bodily injury on a person 70 years of age or older in the commission of count 1. (Id., § 12022.7, subd. (c).)
Estrella was sentenced to the upper term of four years in prison in count 1. The trial court imposed a concurrent upper term sentence of four years in count 2, which it stayed pursuant to Penal Code section 654. The court struck the great bodily injury enhancement in the interests of justice.
Estrella’s sole contention on appeal is that the trial court erred by admitting evidence of his prior conviction for elder abuse.
We affirm the judgment.
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