People v. Dukes CA4/2

BACKGROUND

In November 1994, a jury found defendant guilty of numerous serious offenses:

kidnapping for ransom (§ 209, subd. (a), count 1); kidnapping for robbery (§ 209,

subd. (b), count 2); two counts of robbery (§ 211, counts 3 & 4); and one count of

residential burglary (§ 459, count 5). The jury made a specific finding on count 1 that

defendant intentionally confined the victim in a manner exposing him to a substantial

likelihood of death. The jury further found enhancement allegations true on counts 1, 2,

and 3 that defendant personally used a firearm (§ 12022.5, subd. (a)); on counts 4 and

that defendant armed himself with a firearm (§ 12022, subd. (a)(1), and that, for different

prior offenses, defendant had a serious felony conviction (robbery, § 667, subd. (a)) and

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 served a prior prison term (§ 667.5, subd. (b)). The jury also found defendant guilty of

one count of illegal firearm possession as a felon (§ 12021, subd. (a)(1), count 6), but was

unable to agree on a second such charge (ibid., count 7), on which the trial court declared

a mistrial.

The trial court…