California Court of Appeal

Conviction of murder with deliberation and premeditation, and kidnapping, with finding of special allegation that defendant inflicted great bodily injury during the commission of the kidnapping, is affirmed over claims that: 1) the court erred in denying his motion under Penal Code section 1118.1 for judgment of acquittal on the kidnapping charge; 2) imposing separate punishments for the kidnapping and attempted murder convictions violates Penal code section 654; and 3) there was insufficient evidence to support a finding that the attempted murder was committed with premeditation and deliberation.

Appellate Information

• Decided 11/07/2006
• Published 11/07/2006

Judges

• SIMONS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Robert Derham, San Anselmo, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Rene A. Chacon and Nanette Winaker, Deputy Attorneys General for Plaintiff and Respondent.