Coryell

People v. Coryell

Good Law
110 Cal. App. 4th 1299·2 Cal. Rptr. 3d 477·2003 Cal. App. LEXIS 1154·2003 Daily Journal DAR 8433·2003 Cal. Daily Op. Serv. 6735
Court of Appeal of CaliforniaJuly 28, 2003E030693California3,284 words

Opinion

Opinion

Ward, J.

Defendants and appellants Jason Lee Coryell and Telesforo Joseph Darden appeal after they were convicted of numerous assault, attempted murder, weapons discharge, and other crimes, arising out of a series of gang-related episodes. Defendant Coryell contends his convictions should be reversed because he was deprived of the constitutional right to a representative jury, and because the evidence is insufficient to sustain the charges. We reject these contentions and affirm the judgment as to defendant Coryell.

Defendant Darden raises claims of insufficient evidence, instructional error, improper dual conviction, and other matters. We agree with defendant Darden that he could not be convicted both of carjacking and of unlawful taking and driving a vehicle, and that his sentence for assault should be stayed under Penal Code section 654.

Finally, we also agree with the People’s assertion that the trial court’s failure to impose a mandatory parole revocation fine under Penal Code section 1202.45 was an unauthorized sentence requiring correction.

FACTS AND PROCEDURAL HISTORY

On April 12, 2000, Omar Garcia and his girlfriend, 16-year-old Iman O., drove to a liquor store in…

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