People v. Buford CA3

BACKGROUND

In 2004, defendant and three codefendants beat, robbed, and kidnapped defendant’s former girlfriend who was seven months pregnant with defendant’s child. (People v. Curry (2007) 158 Cal.App.4th 766, 771-772 (Curry).) In an amended information, defendant and three codefendants were charged with willful, deliberate, and premeditated attempted murder of a human fetus (§§ 664, 187, subd. (a); count one), assault with a deadly weapon (§ 245, subd. (a)(1); count two), robbery in the second degree (§ 211; count three), kidnapping to commit robbery (§ 209, subd. (b)(1); count four), attempted second degree robbery (§§ 664, 211; count five), and conspiracy to commit murder of a human fetus (§ 182, subd. (a)(1); count six). A jury found defendant guilty on all counts and found true, among other things, a special finding allegation that the attempted murder was committed willfully, deliberately, and with premeditation. The trial court sentenced defendant to 25 years to life on count six, conspiracy to commit murder; life with the possibility of parole on count four, kidnapping to commit robbery; and the upper term of five years on count three, robbery. The trial court also…