Thomas
People v. Thomas
Opinion
Opinion
Boren, J.
— In this case, we hold that a defendant may be convicted of only one kidnapping offense where there is but one abduction and detention of a solitary victim.
Appellant, Lamar Donnell Thomas, was convicted by a jury of five counts of forcible rape (Pen. Code, § 261, subd. (a)(2)), three counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)), one count of sodomy (Pen. Code, § 286, subd. (c)), two counts of kidnapping for robbery (Pen. Code, § 209, subd. (b)), one count of robbery (Pen. Code, § 211), and one count of assault with a deadly weapon with the infliction of great bodily injury (Pen. Code, §§ 245, subd. (a), 12022.7). The jury also found true related firearm use enhancements (Pen. Code, §§ 12022.3,12022.5.) as to each count. The court sentenced appellant to prison for consecutive determinate terms totaling 99 years and 4 months, plus a consecutive term of life with the possibility of parole as to 1 of the kidnapping for robbery counts and a concurrent term of life with the possibility of parole as to the other kidnapping for robbery count.
Contrary to appellant’s contention, substantial evidence supports the court’s finding of good cause to dismiss a…