The California Court of Appeal has upheld the sentence of Carlos Armando Simental, who was convicted of kidnapping with intent to commit robbery, while also correcting the calculation of his custody credits. The court ruled on November 4, 2026, in case number G064951, affirming Simental's life sentence with the possibility of parole, plus additional years for firearm enhancements.

This decision affects Simental, who has been involved in multiple appeals regarding his sentencing. It also highlights the court's interpretation of firearm enhancements in relation to public safety and the calculation of custody credits. The ruling emphasizes the balance between justice and the rights of defendants in criminal cases.

Background

Carlos Armando Simental was convicted in connection with a violent home invasion robbery. The case has been through several appeals, with Simental challenging various aspects of his sentencing. Initially sentenced in 2018 to life with the possibility of parole plus 34 years for multiple counts, including firearm enhancements, Simental's sentence was later modified after appeals.

In a previous appeal, the court reversed one of Simental's convictions, leading to a resentencing hearing. During this process, the trial court dismissed some firearm enhancements but upheld others, particularly for the kidnapping charge. This decision was contested by Simental, who argued that the court misapplied the law regarding enhancements and public safety.

The Ruling

The California Court of Appeal ruled that the trial court did not abuse its discretion in denying Simental's request to strike the firearm enhancement for the kidnapping charge. The court stated, "It’s not in the interest of justice and I think the dismissal of this enhancement would endanger public safety." This indicates the court's focus on the severity of the crime and the potential risks associated with dismissing the enhancement.

However, the court also agreed with Simental's claim regarding the miscalculation of his custody credits. The court modified the judgment to reflect that Simental is entitled to a total of 5,152 days of custody credits, which includes 4,798 days for actual custody and 354 days for presentence conduct.

Impact

This ruling has significant implications for Simental, as it affirms his lengthy sentence while also correcting the calculation of his custody credits. The decision reinforces the court's stance on maintaining public safety in sentencing, especially in cases involving violent crimes and firearm enhancements. It also sets a precedent for how courts may interpret the relationship between enhancements and public safety in future cases.

Additionally, the ruling highlights the importance of accurate calculations of custody credits, which can significantly affect a defendant's time served. This correction ensures that Simental receives the appropriate credit for his time in custody, which is crucial for any future parole considerations.

What's Next

The case is now concluded in the appellate court, but Simental may still seek further legal options, including a potential review by the California Supreme Court. There are no related cases pending that directly connect to this decision.