Simmons

People v. Simmons

Good Law
183 Cal. Rptr. 3d 597·2015 Cal. App. LEXIS 110·233 Cal. App. 4th 1458
Court of Appeal of CaliforniaFebruary 5, 2015A135668California8,219 words

Opinion

Opinion

Humes, J.

— Appellants Romier Simmons and Christopher Malbrough were convicted of numerous crimes in connection with a series of home robberies, and the trial court sentenced them both to life in prison. On appeal, they contend we must (1) reinstate a package plea agreement that the trial court withdrew after Malbrough asked for it to be withdrawn and (2) reverse their convictions for aggravated kidnapping based on insufficient evidence and instructional error. We reject these contentions, but we accept the parties’ agreement that the matter should be remanded to the trial court to strike certain fines. We also direct the trial court to hold a court trial on the prior strike allegations against Malbrough. The judgments otherwise are affirmed.

I.

Factual and Procedural Background

Malbrough and Simmons were arrested and charged in connection with 12 Oakland home invasion robberies that took place between August 2 and November 24, 2010. The men would enter homes with guns drawn and rob the occupants of their money, jewelry, cell phones and other electronics.

Malbrough and Simmons initially agreed to plead no contest to various charges under a package plea agreement. The trial…

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