Porter
People v. Porter
Opinion
Opinion
Ashby, J.
By nonjury trial appellant was found guilty of robbery (Pen. Code, § 211), kidnapping for the purpose of robbery (Pen. Code, § 209), and receiving stolen property (Pen. Code, § 496). He was sentenced to state prison for life pursuant to Penal Code section 209 and to concurrent upper terms for robbery and receiving stolen property.
Counts I and II
(Kidnapping for the purpose of robbery, robbery)
At about 8:45 p.m. on August 19, 1984, the victim, Mr. Eugene DePiano, was parked in the area of Sunset Boulevard and Western Avenue in Los Angeles. He had returned some rented video cassette tapes to a store and was reentering his car when he observed appellant and another man approaching very rapidly. Mr. DePiano jumped in his car, locked his front door and rolled up the window, but appellant opened the back door, jumped in the back seat, and held a knife to Mr. DePiano’s throat. Appellant reached over and unlocked the front passenger door, and appellant’s companion got in the front seat. Appellant’s companion began going through the victim’s wallet which was on the front seat. Appellant directed Mr. DePiano to drive to a dark side street, about 200 yards away, and to…