California Court of Appeal

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People v. Dowdell, H037404

Defendant Lincoln's convictions and sentence for kidnapping for ransom or extortion, kidnapping during a carjacking, carjacking, kidnapping for robbery, and criminal threats are: 1) stayed in part as to the sentence on either the kidnapping for ransom or the kidnapping during a carjacking pursuant to Penal Code section 654; 2) reversed in part as to defendant's conviction for carjacking, because it is a lesser included offense of kidnapping during a carjacking; but 3) otherwise affirmed. Defendant Dowdell's convictions and sentence for kidnapping for ransom or extortion and kidnapping for robbery are affirmed but the abstract is corrected, where: 1) the court erroneously instructed the jury on intimate partner battering, but the error is harmless; 2) defendant's claim of prosecutorial misconduct is without merit; and 3) the trial court’s oral pronouncement stayed the sentence on the kidnapping for robbery charge, but the abstract fails to reflect the court's pronouncement.

Appellate Information

  • Decided 07/17/2014
  • Published 07/17/2014

Judges

  • MÁRQUEZ

Court

  • California Court of Appeal

Counsel