Logsdon

People v. Logsdon

Good Law
191 Cal. App. 3d 328
Court of Appeal of CaliforniaApril 23, 1987No. F006314California1,717 words

Opinion

Lead Opinion

Martin, J.

Appellant Gary Logsdon stands convicted upon his guilty plea of robbery in violation of Penal Code section 211. 1 Appellant waived a jury trial of an alleged prior serious felony conviction in San Joaquin County for residential burglary (§§ 667 and 1192.7, subd. (c)), and the court found the enhancement to be true. The record before the trial court indicated appellant had escaped from Deuel Vocational Institute while serving a five-year term for the San Joaquin prior (including a one-year § 667.5 enhancement) when he committed the instant robbery in Stanislaus County. After twice recalling the case for sentencing, the court ultimately sentenced appellant to state prison for consecutive terms totaling eleven years: the five-year unexpired term for the San Joaquin burglary conviction and section 667.5 enhancement plus one year (one-third the middle term of three years) for *341 the robbery, together with the five-year serious felony enhancement. The court awarded no credit for presentence time served on the robbery charge.

On appeal from the judgment, appellant challenges the sentence imposed and denial of presentence credits. Specifically, appellant contends (1) the court…

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