Duran

People v. Duran

Good Law
106 Cal. Rptr. 2d 812·2001 Cal. App. LEXIS 354·2001 Daily Journal DAR 4755·88 Cal. App. 4th 1371·2001 Cal. Daily Op. Serv. 3892
Court of Appeal of CaliforniaMay 14, 2001G024274California2,583 words

Opinion

Opinion

Sills, J.

Jesse Raul Duran, Jr., appeals from a judgment sending him to prison for life plus 17 years. We reverse his carjacking conviction because, as the Attorney General concedes, it was a necessarily included offense within the kidnapping-for-carjacking charge. Duran contends the evidence is insufficient to support the remaining convictions of kidnapping for carjacking, simple kidnapping, robbery, attempted robbery, and a single count of street terrorism. Duran also argues that the trial court erred when it failed to instruct the jury sua sponte on lesser included offenses. We affirm the judgment as to all counts, excepting the single charge for simple carjacking.

I

Facts

On August 2, 1997, Duran entered a Laguna Hills drugstore, covered half his face, pulled a gun, and ordered two employees to empty the cash registers. Duran left the store with approximately $535 in cash. He then went to a Westminster grocery store where he again covered his face, pulled the gun on the employees and ordered them to empty the registers. The second robbery was foiled when the police were called before Duran got any money.

Duran left the grocery store in a convertible black Mustang which…

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