Hall

People v. Hall

Good Law
107 Cal. Rptr. 3d 753·183 Cal. App. 4th 380·2010 Cal. App. LEXIS 433
Court of Appeal of CaliforniaMarch 30, 2010C060359California1,935 words

Opinion

Opinion

Robie, J.

Defendants Daiquiri E. Hall and Kelvin Anthony Hollins each were convicted of multiple criminal charges arising from a robbery. On appeal, both defendants assert their federal constitutional rights were violated by an impermissibly suggestive field showup and imposition of an upper term sentence. They also both contend they were wrongly convicted of two counts of receiving stolen property instead of one.

Separately, Hollins contends his constitutional rights were violated by the admission of other crimes evidence and by the use of a juvenile adjudication to double his sentence. For his part, Hall contends he was wrongly convicted of both carrying a concealed firearm and carrying a loaded firearm in a public place because the latter offense is necessarily included in the former.

We agree defendants each could be convicted of only one count of receiving stolen property, but otherwise we reject their arguments. Accordingly, we will reverse their convictions on one of the counts of receiving stolen property (on which their sentences were stayed pursuant to Pen. Code, § 654) and will otherwise affirm the judgments.

FACTUAL AND PROCEDURAL BACKGROUND

In July 2007, Denise…

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