People v. Valdez CA2/4

INTRODUCTION

A jury convicted defendant and appellant Jaime Valdez of one count of assault with a deadly weapon and one count of robbery. The trial court sentenced him to 63 years to life in state prison. On appeal, he raises three arguments: (1) the trial court abused its discretion in denying the defense’s request to sever trial of the two charges; (2) the court abused its discretion in denying his Romero1 motion; and (3) the minute order of sentencing and abstract of judgment must be corrected to accurately reflect his presentence conduct credit. We agree with Valdez’s third contention and order the record corrected. In all other respects, the judgment is affirmed.

PROCEDURAL BACKGROUND

The Kern County District Attorney filed an information charging Valdez with assault with a deadly weapon (a knife) (Pen. Code,2 § 245, subd. (a)(1); count one), robbery (§ 211; count two), and misdemeanor resisting, delaying, or obstructing a peace officer and/or emergency medical technician (§ 148, subd. (a)(1); count three). With respect to count one, the information alleged Valdez inflicted great bodily injury. (§ 12022.7, subd. (a).) With respect to count two, it alleged he personally…