People v. Perez CA4/3

FACTS AND PROCEDURAL HISTORY

Defendant Cristian Perez participated in a home invasion robbery with accomplices. During the robbery, a victim was moved to a garage outside of the home, then he was moved back into the home, and then the victim was moved within the home. (People v. Perez et al. (Oct. 20, 2020, G056047) [nonpub. opn.] (Perez I).) Following a jury trial, Perez was convicted of kidnapping for robbery, kidnapping, robbery, and burglary. The trial court imposed a life sentence (with the possibility of parole) for the kidnapping for robbery count, plus a determinate term of 10 years and eight months for the remaining offenses. On appeal, this court found substantial evidence to support the movement or “asportation” element of the kidnapping for robbery conviction. However, we reversed the kidnapping conviction due to an instructional error. We remanded the case, allowing the prosecution to retry Perez for the kidnapping count. We also ordered the trial court to stay Perez’s sentences for the robbery and burglary convictions, and to correct errors in the abstract of judgment. (Perez I, supra, G056047.) On remand, the prosecution elected not to retry Perez for the…