People v. Maynor CA5

INTRODUCTION

A jury convicted appellant Glen Edward Maynor and his codefendants, Trichelle K. Burton and Tyquan Maurice Jones, of conspiracy to commit robbery (Pen. Code,1 §§ 182, subd. (a)(1), 212.5, subd. (c)), carjacking (§ 215 subd. (a)), assault (§ 243, subd. (a)), attempted kidnapping to commit robbery (§§ 664, 209, subd. (b)), and attempted robbery (§§ 664, 212.5, subd. (c)). In addition, the trial court found Maynor had suffered two prior strikes within the meaning of the Three Strikes law. (§§ 667, subds. (b)-(i) and 1170.12, subds. (a)-(d)). He was sentenced to an aggregate prison term of 54 years to life. Maynor raises the following claims on appeal: (1) there is insufficient evidence to support his conviction for attempted kidnapping to commit robbery; (2) his conviction for attempted robbery must be reversed because attempted robbery is a necessarily included offense of attempted kidnapping to commit robbery; and (3) he is entitled to an opportunity to request a hearing on his ability to pay court-imposed fines and fees. At our request, the parties submitted briefing regarding whether Assembly Bill No. 518 (2021-2022 Reg. Sess.) (Assembly Bill No. 518), which became…