Camacho
People v. Camacho
Opinion
Opinion
Woods, J.
Appellants were jointly tried but by separate juries. Both appellants were found guilty of kidnapping for robbery (Pen. Code, § 209; count I), attempted forcible oral copulation in concert (§§ 664/288a, subd. (d); count III), second degree robbery (§211; count VI), and three counts of forcible rape in concert (§ 264.1; counts II, IV, V). Firearm allegations in connection with all six counts were found true. (§§ 12022, subd. (a)(1), 12022.5, 12022.3, subds. (a) and (b).) Appellant Camacho was also found guilty of second degree robbery (§211; count VII), second degree vehicular burglary (§ 459; count VIII), and escape by force (Welf. & Inst. Code, § 871, subd. (b); count IX). Deadly weapon use allegation's (§ 12022, subd. (b); counts VII and VIII) were found true.
Both appellants were sentenced to state prison, appellant Camacho for life plus 45 years and 2 months, appellant Mortis for life plus 44 years and 2 months.
Appellants contend (1) the trial court erred by “cross-examining” appellant Mortis; (2) there is insufficient evidence of firearm use regarding counts II, III, IV, and V; and (3) the trial court erred by failing to obtain a youth authority evaluation (Welf.…