Thurs

People v. Thurs

Bad Law
176 Cal. App. 3d 448·1986 Cal. App. LEXIS 2449·222 Cal. Rptr. 61
Court of Appeal of CaliforniaJanuary 7, 1986Crim. 13889California1,461 words

Opinion

Opinion

Blease, J.

After a jury trial, defendant was convicted of two counts of robbery (Pen. Code, §§ 211, 213.5) and one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)) incident to a single course of conduct. The jury also found true allegations that defendant personally used a deadly weapon in the commission of the robbery offenses. (Pen. Code, § 12022, subd. (b).) The sole issue tendered is whether consecutive sentences were correctly imposed for the convictions. We will affirm the judgment.

Facts

On the evening of January 17, 1984, defendant and his accomplice, Frank Foster, surreptitiously entered the home of Mr. and Mrs. Davis. Each was armed with a bayonet knife. They seized the Davis’ nine-month-old daughter, who lay asleep in her bedroom. Foster held his bayonet to the baby’s throat and both men confronted Mr. and Mrs. Davis. Foster threatened to behead the baby if the Davises did not comply with their demands for money, jewelry and drugs. They ransacked the house, taking money and jewelry. During the course of this conduct a bayonet was held to Mrs. Davis’ throat and to Mr. Davis’ throat.

Defendant was convicted of robbing Mr. and Mrs. Davis (counts I and…

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