People v. Velarde

THOMAS, J.

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. KA122315, Rogelio G. Delgado, Judge. Affirmed as modified.

Nicholas Seymour, under appointment by the Court of Appeal, for Defendant and Appellant.

Matthew Rodriquez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Heidi Salerno, Deputy Attorneys General, for Plaintiff and Respondent.

THOMAS, J. ^[*]

A jury convicted Robert Velarde of carjacking and driving or taking a vehicle without consent. He contends on appeal that the trial court erred in imposing four prior prison term enhancements and that it miscalculated his custody credits for the time he spent in presentence custody. The People agree with Velarde's contentions. We strike the prior prison term enhancements and award Velarde an additional four days of custody credit. In all other respects, we affirm.

BACKGROUND

On October 20, 2019, Velarde carjacked the victim's car from a parking lot. That same day, officers arrested Velarde at a nearby motel where they found the stolen vehicle.

An information charged Velarde with carjacking (Pen. Code,

We concur: EDMON, P. J., EGERTON, J. ^[*] Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.