People v. Reyes Martinez

Defendant appeals from a judgment following his conviction on three counts of robbery and one count of kidnapping. We conditionally reverse the kidnapping conviction. In addition, errors committed in sentencing defendant require the sentence be vacated, and the matter remanded for new sentencing proceedings.

Facts and Proceedings Below

On a July evening at approximately 10:30 p.m. defendant approached Kenneth Johnson and Brett Hayden at the comer of 10th and Cherry in Long Beach. Defendant asked the two men if they spoke Spanish. They replied they did not. Defendant then pointed a gun at Johnson’s stomach and said “Money.” Johnson gave his wallet to defendant who then pointed the gun at Hayden. Hayden gave defendant his money. Defendant then gestured for the men to walk away. Ten minutes later defendant approached Don Phan and asked him for a cigarette. After Mr. Phan told defendant he had no cigarettes, defendant pointed a gun at Mr. Phan and demanded money. Mr. Phan gave defendant $2. Defendant followed Mr. Phan to his car, again pointed the gun at him and demanded a ride to Santa Ana. After Mr. Phan had driven approximately three blocks the car was stopped by Long…