People v. Jackson

Good Law
1995 Cal. App. LEXIS 128·32 Cal. App. 4th 411·38 Cal. Rptr. 2d 214·95 Daily Journal DAR 2072·95 Cal. Daily Op. Serv. 1163
Court of Appeal of CaliforniaFebruary 15, 1995B080182California4,554 words

Opinion

Opinion

Johnson, J.

A jury convicted appellants, David Anthony Jackson and Deon Lagrant Swayzer, of numerous counts of forcible rape, forcible oral copulation, robbery and kidnapping and found true several related enhancements for firearm use, kidnapping for sexual purposes and infliction of great bodily injury. Appellants appeal their convictions, contending the trial court made numerous sentencing and other errors. In the unpublished portion of this opinion we conclude substantial evidence supports appellants’ convictions for the substantive crimes and for four of the five enhancements appellant Jackson received for the infliction of great bodily injury. We also conclude the trial court articulated adequate reasons for imposing aggravated terms and consecutive sentences on the various convictions and enhancements. In the published portion of the opinion we conclude four of the sentence enhancements appellant Swayzer received for being armed with a firearm are not supported by the evidence and must be reversed. We also conclude the trial court erred in imposing sentence on Jackson’s conviction for kidnapping for the purpose of committing the sexual assaults and in staying punishment on the…

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