Waples

People v. Waples

Good Law
2000 Cal. App. LEXIS 302·2000 Daily Journal DAR 4125·79 Cal. App. 4th 1389·95 Cal. Rptr. 2d 45·2000 Cal. Daily Op. Serv. 3092
Court of Appeal of CaliforniaApril 20, 2000No. E023787California3,194 words

Opinion

Lead Opinion

Ramirez, J.

A jury convicted Patrick John Waples of kidnapping a minor to commit a lewd and lascivious act (Pen. Code, § 207, subd. (b)), *1392 eight counts of committing a lewd and lascivious act on a minor (Pen. Code, § 288, subd. (a)) and five counts of forcibly committing a lewd and lascivious act on a minor (Pen. Code, § 288, subd. (b)). As to the convictions involving victim Ashley, the jury further found that Waples had kidnapped her for the purpose of committing a sexual offense (Pen. Code, § 667.8, subd. (b)), kidnapped her in violation of Penal Code section 207 (Pen. Code, § 667.61, subd. (e)(1)) and had been convicted of another Penal Code section 667.61, subdivision (c) offense against more than one victim in this case (Pen. Code, § 667.61, subd. (e)(5)). As to the remaining offenses, the jury also made the last mentioned finding. Waples was sentenced to prison for four consecutive 25-year-to-life terms, three consecutive 15-year-to-life terms and 25 years. He appeals, claiming evidence was erroneously admitted, the evidence was insufficient to sustain some of the verdicts, the jury was misinstructed and sentencing error occurred. We reduce some of Wa-ples’s convictions,…

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