P. v. Cardwell CA4/1

Filed 6/5/13 P. v. Cardwell CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062674

Plaintiff and Respondent,

v. (Super. Ct. No. SWF025954)

GABRIEL ANTHONY CARDWELL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Larrie R.

Brainard, Judge. (Retired judge of the San Diego Super. Ct., assigned by the Chief

Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Steven S. Lubliner, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

A jury convicted defendant Gabriel Anthony Cardwell of commercial burglary by

use of an acetylene torch, grand theft, and threat of force on a peace officer. (Pen. Code,1

1 All further statutory references are to the Penal Code.

§§ 464, 487, subd. (a) & 69.) Cardwell admitted a three strikes prior within the meaning

of section 667, subdivisions (c) and (e)(1) and a prison prior within the meaning of

section 667.5, subdivision (b). Initially, the trial court sentenced Cardwell to a total term

of 16 years four months and awarded him a total of 1143 days of actual and section 4019