P. v. Vidales 9/10/10 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C062494

Case Date: 12/16/2010

Preview:Filed 9/10/10

P. v. Vidales CA3

NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, Plaintiff and Respondent, v. JOSE MANUAL GARCIA VIDALES, Defendant and Appellant. C062494 (Super. Ct. No. 09848)

Although the jury convicted defendant, Jose Manual Garcia Vidales, of all charged offenses and found all weapon enhancements to be true, the jury could not reach a verdict on gang enhancements attached to two of the offenses. Defendant

entered a negotiated admission to the gang enhancement attached to his conviction for conspiracy to commit a felony in exchange for dismissal of the second gang enhancement attached to his conviction for second degree robbery. He received a stipulated

sentence of 11 years; that is, the upper term of five years for conspiracy, a consecutive upper term of four years for the attached gang enhancement, a consecutive one-year term for the

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attached weapon enhancement, and a consecutive one-third the midterm or one year for the robbery conviction. The court

sentenced defendant accordingly and stayed sentence on the remaining felony. Defendant appeals. probable cause. He did not obtain a certificate of Based on his erroneous

(Pen. Code,

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