P. v. Hernandez
On April 5, 2005, an information was filed in the Superior Court of Tulare County charging appellant Gabriel Hernandez and codefendant Ernesto Cardenas 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 Cardenas pleaded not guilty and denied the special allegations.
On July 12, 2005, the joint jury trial for appellant and Cardenas began. On July 28, 2005, appellant and Cardenas were convicted as charged and all special allegations were found true.
On August 25, 2005, the court sentenced appellant and Cardenas 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 (F048910) and Cardenas (F048935) filed timely notices of appeal. These cases have been joined for purposes of argument, but have not been consolidated.
The judgment is affirmed.
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