Preston

People v. Preston

Good Law
1971 Cal. App. LEXIS 1115·21 Cal. App. 3d 732·98 Cal. Rptr. 765
Court of Appeal of CaliforniaDecember 1, 1971Crim. 19428California1,239 words

Opinion

Opinion

Kingsley, J.

Defendant was charged in four counts, as follows: count I—kidnaping for the purpose of robbery, in violation of section 209 of the Penal Code; count II—assault with a deadly weapon with intent to commit murder, in violation of section 217 of the Penal Code; count III —attempted extortion, in violation of section 524 of the Penal Code; and count IV—assault with a deadly weapon, in violation of section 245 of the Penal Code. He pled not guilty to all counts. Thereafter the People were permitted to file an amended information which: (1) added a count charging conspiracy to commit murder, in violation of subdivision 1 of section 182 of the Penal Code; (2) a count charging robbery, in violation of section 211 of the Penal Code; (3) changed the former charge of attempted extortion to a charge of extortion; and (4) dropped the former charge of assault with a deadly weapon. As amended, the information charged: count I—conspiracy to commit murder; count II—kidnaping for the purpose of robbery; count III—robbery; count IV—extortion; and count V—assault with a deadly weapon with the intent to commit murder. Defendant pled not guilty to all counts in the amended information. After a…

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