People v. Velarde CA2/3

Filed 7/16/21 P. v. Velarde CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B306156

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA122315) v.

ROBERT VELARDE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Rogelio G. Delgado, Judge. Affirmed as modified. Nicholas Seymour, under appointment by the Court of Appeal, for Defendant and Appellant. Matthew Rodriquez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Heidi Salerno, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

A jury convicted Robert Velarde of carjacking and driving or taking a vehicle without consent. He contends on appeal that the trial court erred in imposing four prior prison term enhancements and that it miscalculated his custody credits for the time he spent in presentence custody. The People agree with Velarde’s contentions. We strike the prior prison term enhancements and award Velarde an additional four days of custody credit. In all other respects, we affirm. BACKGROUND On October 20, 2019, Velarde carjacked the victim’s car from a parking lot. That same day, officers arrested Velarde at a nearby motel where they found the stolen vehicle. An information charged Velarde with carjacking (Pen. Code,1 § 215, subd. (a); count 1) and driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a); count 2). The information also alleged that Velarde had four prison priors under section 667.5, subdivision (b). A jury convicted Velarde of both counts. On May 15, 2020, the trial court sentenced Velarde to five years in state prison, and awarded him credit for 206 actual days he had spent in custody and 30 days for good time and work credit. With respect to the prison priors, the trial court imposed the enhancements but struck the punishment. Velarde appealed.