Escobar

People v. Escobar

Good Law
45 Cal. App. 4th 477·53 Cal. Rptr. 2d 9
Court of Appeal of CaliforniaMay 13, 1996B079959California2,124 words

Opinion

Opinion

Andrew Rudy Escobar appeals from the judgment entered following a jury trial that resulted in his conviction of kidnapping for the purpose of robbery and simple kidnapping (Pen. Code, §§ 209, subd. (b), 207, counts 1, 2), two counts of second degree robbery (Pen. Code, § 211, counts 3, 7), two counts of grand theft of an automobile (Pen. Code, § 487, former subd. 3, counts 4, 10), first degree burglary (Pen. Code, § 459, count 8), attempted first degree robbery (Pen. Code, §§ 664-211, count 9), each with the use of a firearm (Pen. Code, § 12022.5), and evading a police officer (Veh. Code, § 2800.2, count 11), and his plea of guilty to possessing a firearm by a previously convicted felon (Pen. Code, § 12021, count 13) and admission of one prior serious felony conviction (Pen. Code, § 667, subd. (a).)

He contends: "I. The evidence is insufficient to support appellant's conviction of kidnapping for robbery in count 1. II. The trial court committed prejudicial error when it permitted the prosecutor to refer to the charged `kidnappings for robbery' as `carjackings,' when no such crime existed in California. III. Appellant's convictions of counts 2, 3, 4, and 10…

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