Seals

*1213 In 2014, Troy Seals stole a cellphone from a store. A confrontation with the storeowner ensued, during which Seals pulled out a knife as he attempted to flee. The People charged Seals with second degree robbery ( Pen. Code, § 211 ) and second degree commercial burglary ( Pen. Code, § 459 ). 1 At trial, the evidence established the storeowner typically sold the phone Seals stole for $899, plus sales tax, which increased the price to almost $1,000. The jury found Seals guilty on both counts. The trial court found true several prior conviction allegations.

On appeal, Seals contends substantial evidence does not support his burglary conviction because the evidence established the price of the phone was less than $950, and the jury could not consider sales tax as part of the phone's value. He also contends substantial evidence does not support his robbery conviction. Seals further asserts the trial court erred in denying his Romero motion, 2 and that his 25-years-to-life sentence for robbery violates the Eighth Amendment's prohibition against cruel and unusual punishment. We modify the judgment to correct the presentence custody credits awarded and otherwise affirm.

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