The People v. Love CA4/2

I. INTRODUCTION

Defendant David Lee Love appeals from his conviction of kidnapping (Pen.

Code,1 § 207, subd. (a); count 2) and attempted robbery (§§ 211, 664; count 6), with true

findings on allegations of three prior prison term convictions (§ 667.5, subd. (b)). Love

contends (1) the evidence was insufficient to support his conviction of kidnapping, and

(2) the evidence was insufficient to support his conviction of attempted robbery We find

no error, and we affirm the judgment as to Love.

Defendant David Edward Couzens appeals from his conviction of kidnapping

(§ 207, subd. (a); count 2), kidnapping to commit robbery (§ 209, subd. (b)(1); count 3),

assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1); count

4), and battery with serious bodily injury (§ 243, subd. (d); count 5) with true findings on

allegations of great bodily injury (§ 12022.7, subd. (a); as to counts 2 through 4) and a

prior strike conviction. (§ 1170.12, subds. (a)-(d)). Couzens contends his sentence for

assault must be stayed under section 654, and he argues his sentence violated

constitutional protections against double jeopardy. He also argues the matter must…