People v. Melody CA6

I. INTRODUCTION

Defendant Sean Patrick Melody appeals after a jury found him guilty of two counts of aggravated kidnapping to commit extortion or to exact money or something valuable (Pen. Code, § 209, subd. (a); counts 1-2),1 three counts of grand theft of a firearm (§ 487, subd. (d)(2); counts 3-5), and one count of grand theft of personal property (§ 487, subd. (a); count 6). The jury also found various firearm and great bodily injury sentence enhancement allegations true. The trial court sentenced defendant to life without the possibility of parole (LWOP) on count 1 consecutive to a life term on count 2. The court imposed a consecutive term of 19 years for the sentence enhancements on counts 1 and 2 and concurrent terms on counts 3 through 6. 2 After a restitution hearing, the court awarded victim restitution.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 As detailed below, the court also sentenced defendant to a consecutive term in an Orange County case. Defendant contends that the trial court erred when it failed to discharge a seated juror for cause; there is insufficient evidence to support the aggravated kidnapping…