Moore

Defendant and appellant, Merrick Jose Moore, appeals from the judgment entered following his conviction, by jury trial, for unlawful driving or taking of a vehicle, carjacking, two counts of kidnapping, burglary, and two counts of kidnapping during the commission of a carjacking, with enhancements for prior serious felony convictions and victims under the age of 14 (Veh. Code, § 10851; Pen. Code, §§ 215, 207, 459, 209.5, 667, subds. (a)-(i), 667.9, subd. (b)). Sentenced to a state prison term of life plus 37 years to life, Moore raises trial and sentencing errors.

The judgment is affirmed as modified.

Background

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence established the following.

1. Prosecution evidence.

On March 13, 1997, Mariza Manalo lived in a house located at 2145 Anson Way in West Covina. Around 7:15 a.m., Manalo put her two sons, six-year-old Bryan and three-year-old Brandon, inside her burgundy 1988 Toyota Tercel. The car was parked inside the attached garage and the garage door was up. Bryan was sitting in the front passenger seat, and Brandon…