Stinson

People v. Stinson

Good Law
242 Cal. Rptr. 3d 606·31 Cal. App. 5th 464
Court of Appeal of CaliforniaJanuary 16, 2019C077621California5,457 words

Opinion

Lead Opinion

Murray, J.

*466 Defendant and codefendant 1 approached S.A. in his parked car and, at gunpoint, took several items from him including his wallet, keys, and cell phone. Still at gunpoint, they made S.A. move from the driver's seat to the trunk, placed him in the trunk and closed it, and then continued to look through the car. Defendant and codefendant then fled, leaving S.A. in the trunk. Shortly thereafter, using S.A.'s keys, defendant and codefendant entered the apartment S.A. shared with his fiancé, A.L.G., and her two children. At gunpoint, they demanded that A.L.G. give them whatever guns and money that were in the apartment. After obtaining two guns and other items, they left.

Defendant and codefendant were tried together. The jury found defendant guilty of kidnapping to commit robbery ( Pen. Code, § 209, subd. (b)(1) ; count one (victim-S.A.) ), 2 robbery in the second degree (§ 211; count two (victim-S.A.) ), possession of a firearm by a felon (§ 29800, subd. (a)(1); counts three & five), and robbery in the first degree (§ 211; count four (victim-A.L.G.) ). The jury also found true vicarious arming enhancements for being a principal in the commission of the counts of kidnapping for…

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