Chacon

People v. Chacon

Good Law
1995 Cal. App. LEXIS 708·37 Cal. App. 4th 52·43 Cal. Rptr. 2d 434·95 Daily Journal DAR 10105·95 Cal. Daily Op. Serv. 5924
Court of Appeal of CaliforniaJuly 27, 1995No. B085237California5,186 words

Opinion

Lead Opinion

Yegan, J.

California Youth Authority inmates Freddie Chacon and Raul Alberto Lopez kidnapped a librarian during an attempted escape. They inflicted “bodily harm” and exposed her to a “substantial likelihood of death.” Appellants were apprehended, convicted, and sentenced to state prison for life without the possibility of parole.

The amended information charged appellants with escape by means of force and violence (count I; Welf. & Inst. Code, § 1768.7, subd. (b)), two counts of assault with a deadly weapon (counts II [Goldman] & HI [Victorino]; Pen. Code, § 245, subd. (a)(1)), 1 extortion (count IV [Lieutenant Barrett]; § 520), aggravated kidnapping for ransom (count V [Goldman]; § 209, subd. (a)), false imprisonment of a hostage and use of the victim as shield (count VI [Goldman]; §§210.5, 236), attempted kidnapping (count VII [Goldman]; §§ 664, 207, subd. (a)), and false imprisonment by violence *57 (count VIII [Goldman]; §236). Personal use of a deadly or dangerous weapon allegations were appended to counts I through V. (§ 12022, subd. (b).)

Appellants entered pleas of not guilty, denied the special allegations, and waived jury trial. The matter was submitted on the…

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