Calderon

People v. Calderon

Bad Law
155 Cal. Rptr. 3d 392·2013 Cal. App. LEXIS 202·214 Cal. App. 4th 656·2013 WL 990917
Court of Appeal of CaliforniaMarch 14, 2013No. B235882California5,573 words

Opinion

Lead Opinion

Aldrich, J.

Defendant and appellant Tomas Calderon appeals his convictions for carjacking, grand theft auto, and misdemeanor vandalism. The trial court sentenced Calderon to a term of six years in prison. In the published portion of this opinion, we conclude that Penal Code section 654 1 does not bar imposition of sentence on a section 12022, subdivision (b)(2) enhancement because section 12022, subdivision (b)(2) operates as an implied exception to section 654. Alternatively, we conclude that section 654 does not bar imposition of the enhancement because section 12022, subdivision (b)(2) punishes an aspect of Calderon’s offense that is not always present in the crime of carjacking.

In the unpublished portion of the opinion, we consider and reject Calderon’s contention that the trial court committed instructional error. We agree with *659 Calderon that the abstract of judgment must be corrected to accurately reflect the jury’s verdicts, and order the judgment modified accordingly. In all other respects, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Facts.

a. People’s evidence.

At approximately 11:00 o’clock- on the morning of August 29, 2010, Alexander Luna, accompanied by his…

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