Cardenas

A jury found defendant and appellant Jose Rafael Cardenas guilty of one count of robbery (Pen. Code, § 211 j count 1) and three counts of burglary (§ 459; counts 3, 4 & 5). As to counts 1 and 3, the jury found true that defendant had personally inflicted great bodily injury upon a person 70 years of age or older (§ 12022.7, subd. (c)) and that he had burglarized and robbed a person who was 65 years of age or older (§ 667.9, subd. (a)). In a bifurcated proceeding, defendant admitted that he had served three prior prison terms within the meaning of section 667.5, subdivision (b). Defendant was sentenced to a total term of 18 years in state prison with credit of 451 days for time served. On appeal, defendant contends (1) there was insufficient evidence to support the great bodily injury enhancement attached to counts 1 and 3; (2) the trial court erred in imposing sentences on both counts 1 and 3 in violation of section 654; (3) the trial court erred in imposing punishment on the two enhancement allegations attached to count 1; and (4) the trial court erred in calculating his presentence custody credits. For the reasons explained below, we modify defendant’s sentence and…