Cummins

INTRODUCTION

After a jury trial, Donald Cummins was convicted of kidnapping during the commission of a carjacking (count 2) (Pen. Code, § 209.5, subd. (a)), 1 carjacking of a motor vehicle (count 3) (§ 215, subd. (a)), second degree robbery (count 4) (§§ 211, 212.5), five counts of burglary (counts 5-9) *670 (§ 459), and unlawful driving or taking of a vehicle (count 10) (Veh. Code, § 10851, subd. (a)).

Cummins was sentenced to a determinate term as follows. The court imposed the upper term of five years for the robbery in count 4 and a consecutive term of eight months for each of the burglary charges in counts 5 through 9. Cummins received a consecutive indeterminate term of life with the possibility of parole for the kidnapping charge in count 2. The sentences on counts 3 and 10 were stayed pursuant to section 654. This resulted in an aggregate term of life plus eight years and four months in state prison.

In a separate trial, Joseph Kelly was convicted of attempted premeditated murder (count 1) (§§ 664, 187, subd. (a)), kidnapping during the commission of a carjacking (count 2) (§ 209.5, subd. (a)), carjacking of a motor vehicle (count 3) (§ 215, subd. (a)), second…