P. v. Cardenas
On April 5, 2005, an information was filed in the Superior Court of Tulare County charging appellant Ernesto Cardenas and codefendant Gabriel Hernandez with count I, second degree robbery (Pen. Code, 211); count II, possession of a deadly weapon ( 12020, subd. (a)(1)); and count III, active participation in a criminal street gang ( 186.22, subd. (a)). As to counts I and II, it was alleged the offenses were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). As to all counts, it was alleged that a principal was armed with a firearm ( 12022, subd. (a)(1)). Appellant and Hernandez pleaded not guilty and denied the special allegations.
On July 12, 2005, the joint jury trial for appellant and Hernandez began. On July 28, 2005, appellant and Hernandez were convicted as charged and all special allegations were found true.
On August 25, 2005, the court sentenced appellant and Hernandez to aggregate terms of 14 years in prison: as to count I, the midterm of three years, plus consecutive terms of 10 years for the gang enhancement and one year for the arming enhancement. The court stayed the terms imposed for the remaining counts and enhancements pursuant to section 654.
On September 26, 2005, appellant (F048935) and Hernandez (F048910) filed timely notices of appeal. These cases have been joined for purposes of argument, but have not been consolidated.
The judgment is affirmed. The superior court is directed to prepare an amended abstract of judgment to reflect appellant was sentenced to an aggregate term of 14 years in prison as follows: as to count I, robbery, the midterm of three years, plus consecutive terms of 10 years for the gang enhancement and one year for the arming enhancement.
The superior court is further directed to transmit certified copies of the amended abstract to all appropriate parties and entities.
Comments on P. v. Cardenas