Wiley

People v. Wiley

Good Law
1994 Cal. App. LEXIS 527·25 Cal. App. 4th 159·30 Cal. Rptr. 2d 701·30 Cal. Rptr. 701·94 Daily Journal DAR 7043
Court of Appeal of CaliforniaMay 4, 1994Docket Nos. D015838, D016970, D017772California2,307 words

Opinion

Opinion

Work, J.

Gary Joe Wiley appeals a judgment in which he was convicted of kidnapping for ransom (Pen. Code, § 209, subd. (a)), kidnapping for robbery (§ 209, subd. (b)), possessing a firearm by a felon (§ 12021, subd. (a)), and three counts of robbery (§211) with five weapon enhancement allegations (D016970), a separate judgment convicting him of being a felon in possession of a firearm (§ 12021, subd. (a)) (D015838) and an order in which the court reallocated credits for time served as between the judgments in the previous cases (D017772). We have consolidated the cases in this appeal.

Wiley directs his most substantive contentions to his convictions rising from the kidnaps and robberies, arguing it was error to convict him of two kidnaps, for ransom and for robbery, when the incidents arose out of a single action and, in any event, it was error to impose concurrent sentences for both in violation of section 654 and in imposing separate firearm use enhancements under section 12022.5, subdivision (a) in violation of the holding of In re Culbreth (1976) 17 Cal.3d 330 [ 130 Cal.Rptr. 719 , 551 P.2d 23 ], overruled prospectively in People v. King (1993) 5 Cal.4th 59, 79 [ 19…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.