People v. Cherry CA5

BACKGROUND

Appellant was charged by information with two counts of kidnapping to commit robbery (§ 209, subd. (b)(1); counts 1 & 2); two counts of simple kidnapping (§ 207, subd. (a); counts 3 & 4); two counts of second degree robbery (§ 212.5, subd. (c); counts 5 & 6); two counts of assault with a firearm (§ 245, subd. (a)(2); counts 7 & 8); one count of second degree burglary (§ 460, subd. (b); count 9); one count of receiving a stolen vehicle (§ 496d, subd. (a); count 10); one count of receiving stolen property (§ 496, subd. (a); count 11); and one count of misdemeanor obstructing a peace officer (§ 148, subd. (a)(1); count 12). It was further alleged that appellant had suffered a strike prior (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)) and a prison prior (§ 667.5, subd. (b)) for a 2016 conviction for grand theft of a firearm (§ 487, subd. (d)(2)).

All further undesignated statutory references are to the Penal Code. The facts underlying appellant’s convictions are set forth in detail in People v. Cherry (F079148, Sept. 28, 2022 [nonpub. opn.]).

2. A jury trial was conducted. The court granted appellant’s motion for a directed verdict pursuant to section…