Simmons

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.

1 Malbrough and Simmons initially agreed to plead no contest to various charges under a package plea agreement. The trial court, however, withdrew the agreement after Malbrough said he felt pressured into accepting the deal. A subsequent jury trial was held, and the jury convicted Malbrough and Simmons of dozens of felonies.1 The convictions Malbrough and Simmons challenge on appeal involve kidnapping for the purpose of robbery under section 209, subdivision (b)(1) (aggravated kidnapping). Malbrough was sentenced to an indeterminate term of 19 years to life, plus a determinate term of 102 years. Simmons was sentenced to an indeterminate term of 14 years to life, plus a determinate term of 114 years.

1 Malbrough was found guilty of the following crimes: 32 counts of first-degree residential robbery while personally using a firearm (Pen. Code §§ 211, 12022.5, subd.…