People v. Renix CA2/8
Opinion
Opinion
Viramontes, J.
INTRODUCTION
A jury convicted defendant Eric Renix of second degree robbery and elder abuse. The jury found true several allegations, including one that alleged Renix personally inflicted great bodily injury on a victim who was at least 70 years old under Penal Code1 section 12022.7, subdivision (c). The court sentenced Renix to a total term of 11 years in state prison for the elder abuse conviction. On appeal, Renix argues: (1) insufficient evidence supports his elder abuse conviction because the People failed to prove that he knew or reasonably should have known that the victim was elderly; (2) the court erred when it imposed the great bodily injury enhancement under section 12022.7, subdivision (c), because that enhancement was not alleged in the information as to the elder abuse charge; and (3) the court erred when it did not dismiss the great bodily injury enhancement without first affording great weight to the mitigating circumstances outlined in section 1385, subdivision (c)(2). As we explain, substantial evidence supports Renix’s elder abuse conviction. Because Renix has not otherwise shown the court committed reversible error, we affirm.