People v. Esquibel CA5

STATEMENT OF THE CASE

Esquibel was convicted by jury in count 1, of kidnapping during the commission of a carjacking (Pen. Code, § 209.5)1; in count 2, of carjacking (§ 215, subd. (a))2; in count 3, of kidnapping (§ 207, subd. (a)); in count 4, of assault with a firearm (§ 245, subd. (b)); in count 5, of making criminal threats (§ 422); and in count 6, of being a felon in possession of a firearm (§ 29800, subd. (a)(1)). The jury found true gang allegations as to counts 2, 4, 5, and 6 (§ 186.22, subd. (b)(1))3, and firearm use enhancements as to counts 1 through 5 (§ 12022.53, subds. (a), (b)). The trial court found true one prior strike conviction (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)), and two prior prison terms (§ 667.5, subd. (b)). The trial court sentenced Esquibel to an indeterminate term of life, plus a determinate term of 26 years, as follows: on count 1, to life with the possibility of parole, plus 10 years for the section 12022.53, subdivision (b) enhancement, plus two years for

All further statutory references are to the Penal Code unless otherwise stated. The trial court found count 2 to be a necessarily included offense to count 1 and…