Preston
People v. Preston
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…