California Court of Appeal

Defendants' sentences and convictions for their roles in kidnapping during a carjacking are affirmed where: 1) there is substantial evidence to support defendants' convictions for kidnapping and carjacking, as a jury could reasonably believe from all the evidence that defendants kidnapped the victims to facilitate the carjacking; 2) trial court did not err by refusing to instruct on simple kidnapping as a lesser included offense; 3) the trial court properly instructed the jury with CALCRIM No. 1204 on the offense of kidnapping during a carjacking; 4) pursuant to People v. Scott, defendant waived, and cannot challenge on appeal, any error by the trial court in not citing adequate aggravating factors for imposing the upper three-year term for evading a police officer with reckless driving because he did not object below to his sentence on that ground; 5) the trial court did not err by giving a unanimity instruction on the felonious firearm possession charges; and 6) the trial court properly found section 654 did not preclude its imposition of concurrent three-year terms for defendant's firearm possession convictions.

Appellate Information

• Decided 08/29/2012
• Published 08/29/2012

Judges

• McDonald

Court

• California Court of Appeal

Counsel