California Court of Appeal

In a sentencing appeal brought by defendants who were convicted of crimes including street terrorism, the trial court is directed to modify the judgment, where: 1) no unanimity instruction was necessary on a count of dissuading a witness by force or threat; 2) there was sufficient evidence of dissuading a witness; 3) there was no reasonable likelihood the jury misconstrued or misapplied a jury instruction in a way that denied fundamental fairness; 4) the trial court erred when it imposed both a life sentence on the dissuading count and a stayed five year enhancement on the same count; 5) punishment for street terrorism counts was duplicative and should have been stayed; 6) the court properly sentenced the defendants for the crimes of arson and dissuading a witness; and 7) convictions for dissuading a witness and making a criminal threat arose from a single criminal act for which a defendant can be punished only once.

Appellate Information

• Decided 02/07/2012
• Published 02/07/2012

Judges

• Blease

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Stephen M. Lathrop, Craig S. Meyers