Perez

David Allen Perez appeals following his conviction for one count of kidnapping during the commission of a carjacking (Pen. Code, § 209.5) and one count of kidnapping during the commission of a robbery (Pen. Code, § 209). Appellant claims that there is insufficient evidence to support his conviction of kidnapping during the commission of a carjacking. Appellant also claims that even if his conviction under Penal Code section 209.5 was proper, one of his sentences should have been stayed pursuant to Penal Code section 654. We shall affirm in part and reverse in part.

Statement of the Case

On February 19, 1998, the district attorney filed an amended information alleging that appellant committed one count of kidnapping during the commission of a carjacking (Pen. Code, § 209.5, count 1), one count of kidnapping during the commission of a robbery (Pen. Code, § 209, subd. (b), count 2), one count of carjacking (Pen. Code, § 215, subd. (a), count 3), one count of robbery (Pen. Code, § 211, count 4), and one count of kidnapping (Pen. Code, § 207, subd. (a), count 5). The district attorney also alleged a firearm enhancement to each count. (Pen. Code, § 12022, subd.…