People v. Goliath CA4/3

FACTS

A March 2004 felony complaint charged then 17-year-old defendant with 11 counts. The first five counts related to an incident on or about October 17, 2003, involving victim Philip Kurniawan: count 1 — kidnapping to commit robbery (§ 209, subd. (b)(1)); count 2 — kidnapping during commission of carjacking (§ 209.5, subd. (a)); count 3 — kidnapping (§ 207, subd. (a)); count 4 — second degree robbery of 1 All further statutory references are to the Penal Code unless otherwise stated. 2 Rather than reinventing the wheel, we will simply restate relevant portions from the facts section in Goliath I.

2 personal property (§§ 211, 212.5, subd. (c)); and count 5 — carjacking (§ 215, subd. (a)). Two counts related to separate thefts of his father’s firearms (§ 487, subd. (d)(2)): count 6 — a September 23, 2003 theft of “the firearm of John G.”; and count 11 — a September 18, 2003 theft of “the firearm of John G.” Four more counts arose out of an October 26, 2003 incident: count 7 — second degree vehicle burglary (§§ 459, 460, subd. (b)); count 8 — attempted unlawful taking of a vehicle (§ 664; Veh. Code, § 10851, subd. (a)); count 9 — possession of methamphetamine (Health & Saf.…