The People v. Morris CA2/2

BACKGROUND

Procedural history Defendant and codefendant Will Brown (Brown) were charged in count 1 with kidnapping to commit rape in violation of Penal Code section 209, subdivision (b)(1),1 and in count 2 with kidnapping in violation of section 207, subdivision (a).2 In addition, the information alleged for purposes of the “Three Strikes” law (§§ 1170.12, subds. (a)-(d), 667, subd. (b)) and for purposes of section 667, subdivision (a)(1), that in 2007 defendant had suffered a prior conviction of attempted robbery. A jury found defendant guilty of both counts as charged. When the prosecution did not proceed on the prior conviction allegation, it was dismissed by the trial court. On June 13, 2012, the trial court sentenced defendant to life in prison on count 1. The court imposed and stayed the middle term of five years as to count 2. The court also imposed mandatory fines and fees and ordered defendant to provide a DNA sample and fingerprint impressions. Defendant was given custody credit of 937 days, which was comprised of 815 actual days of custody and 122 days of conduct credit. Defendant filed a timely notice of appeal from the judgment. Prosecution evidence Daisy C. (Daisy)…