Bradley

People v. Bradley

Good Law
111 Cal. App. 4th 765·4 Cal. Rptr. 3d 166
Court of Appeal of CaliforniaAugust 27, 2003B154734California2,741 words

Opinion

Opinion

Johnson, J.

The trial court imposed consecutive sentences for robbery and attempted murder on appellant after the jury convicted her of these two crimes as an aider and abettor. Appellant challenges only the consecutive nature of the sentencing, not the convictions. We conclude appellant personally entertained only a single criminal objective and thus Penal Code section 654 prohibits consecutive sentencing for the two offenses. Accordingly, we reverse and remand for resentencing.

FACTS AND PROCEEDINGS BELOW

A jury convicted appellant as an accomplice to the crimes of attempted murder and second degree robbery, and found true the armed allegations. The jury hung on a charge of kidnapping to commit another crime, but appellant pled guilty to simple kidnapping after the information was amended. The trial court imposed a sentence of eight years and eight months, after finding the attempted murder and robbery offenses had different objectives, thus would support consecutive sentences under Penal Code section 654. Because appellant’s contentions on appeal focus on the propriety of the trial court’s finding of different objectives and the resulting consecutive sentencing, we likewise will…

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