Green

People v. Green

Good Law
1996 Cal. App. LEXIS 1053·50 Cal. App. 4th 1076·58 Cal. Rptr. 2d 259·96 Daily Journal DAR 13677·96 Cal. Daily Op. Serv. 8239
Court of Appeal of CaliforniaNovember 13, 1996B092914California5,346 words

Opinion

Opinion

Klein, J.

Defendant and appellant Clarence Green appeals the judgment entered after conviction by jury of kidnapping for sexual purposes, robbery, genital penetration by foreign object, carjacking, and attempted rape. (Pen. Code, §§ 207, subd. (a)/208, subd. (d); 211; 289, subd. (a); 215, subd. (a); 664/261, subd. (a)(2).) The jury found Green personally used a firearm in the commission of each offense within the meaning of section 12022.5, subdivision (a), and that he previously had been convicted of a serious or violent felony within the meaning of section 667, subdivisions (b) through (i). The trial court sentenced Green to a term of 62 years and 8 months in state prison.

Factual and Procedural Background

1. Prosecution evidence.

Viewed in accordance with the usual rule of appellate review (People v. Rayford (1994) 9 Cal.4th 1, 23 [ 36 Cal.Rptr.2d 317 , 884 P.2d 1369 ]; People v. Johnson (1980) 26 Cal.3d 557, 575-577 [ 162 Cal.Rptr. 431 , 606 P.2d 738 , 16 A.L.R.4th 1255 ]), the evidence established that on July 20, 1994, at approximately 10:45 p.m., Linda O. left her office in Burbank and drove into the security garage of her apartment complex in Van Nuys. As Linda O. was…

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