Robert Hernandez
The Nevada Appellate Court on Thursday unanimously rejected Robbie Hernandez’s appeal of his sentence for robbing a 100-year-old veteran on Memorial Day 2014.
Hernandez had argued the sentence was cruel and unusual because it exceeded the recommendation by the Division of Parole and Probation.
But the appellate judges disagreed.
“Hernandez victimized a 100-year-old man, took items the victim considered priceless and pointed a gun at the head of the victim’s female caretaker,” the ruling states.
They said the judge considered mitigating evidence in the case as well as the defendant’s prior criminal history, “which included violence and dangerous crimes.”
District Judge James Wilson sentenced Hernandez and co-defendant Jordan Burkhart each to the maximum possible. They received 6-15 years for the robbery and a consecutive 6-20 years for the elder victim enhancement. Both will have to serve at least 12 years and possibly up to 35 years in prison.
The victim, James Sorrentino, died of natural causes before the two were sentenced in November 2014. He died just two days before his 101st birthday. Sorrentino served from 1941-1945, finishing World War II in the newly created U.S. Air Force.
Sorrentino and his caregiver were home when Hernandez and Burkhart broke in through his garage and, at first, demanded to know where the “safe” was. There was no safe. The two held Sorrentino and one of his caregivers at gunpoint while they searched the house, eventually leaving with only about $30 worth of stolen goods.