Lewis

People v. Lewis

Good Law
120 Cal. App. 4th 882·16 Cal. Rptr. 3d 498·2004 Cal. App. LEXIS 1155·2004 Daily Journal DAR 8883·2004 Cal. Daily Op. Serv. 6549
Court of Appeal of CaliforniaJune 22, 2004No. E033084California1,734 words

Opinion

lead Opinion

Gaut, J.

*885 Opinion

1. Introduction

A jury convicted defendant of kidnapping, 1 plus an enhancement for a principal being personally armed with a firearm; 2 torture; 3 and assault with a deadly weapon. 4 The jury acquitted him of the charge of forcible oral copulation. 5 Defendant admitted the allegations of having served two prior prison terms. 6 The court sentenced defendant to seven years in prison plus a life sentence.

On appeal, defendant contends the trial court committed several instances of instructional error related to duress and torture. He also asserts he could not be convicted of torture under a theory of aiding and abetting. We disagree and affirm.

2. Facts

Maria Zamora shared a studio apartment with defendant and paid him rent. On December 25, 2002, she was released from jail after being in custody for two weeks for writing bad checks. The next morning she left the apartment to visit her mother-in-law’s house where her son lived. She left from there to walk to the police station and pick up her purse.

Her progress was halted when two cars, a Ford and Lexus, screeched to a stop in front of her. All four occupants were African-American men. The Ford was driven by David…

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