P. v. Freeman
Filed 6/7/06 P. v. Freeman CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Shasta)
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| THE PEOPLE, Plaintiff and Respondent, v. DORN ALLEN FREEMAN, Defendant and Appellant. | C049939
(Super. Ct. No. 04F1519)
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A jury convicted defendant Dorn Allen Freeman of corporal injury of a former cohabitant (Pen. Code, § 273.5, subd. (a)‑‑count 1)[1] and kidnapping (§ 207, subd. (a)‑‑count 2). He admitted one serious felony allegation (§ 667, subd. (a)(1)) and five strike allegations (§§ 667, subds. (b)-(i), 1170.12), all arising from a 1986 Shasta County proceeding in which he was convicted of five counts of oral copulation. Defendant's Romero[2] motion to dismiss four or five strikes was denied. He was sentenced to state prison for two concurrent terms of 25 years to life plus a consecutive term of five years for the prior serious felony allegation.
On appeal, defendant contends his Romero motion was erroneously denied. He contends, and the People concede, his sentence for kidnapping (count 2) must be stayed pursuant to section 654. He further contends, and the People further concede, the abstract of judgment must be corrected in several respects. We shall modify the judgment.
FACTUAL BACKGROUND
Sometime in 2003, defendant and W.P. entered into a romantic relationship in which they shared a residence in Cottonwood. After six to eight months, in October 2003, the relationship ended and defendant moved out.
From October 2003 to February 19, 2004, defendant made â€
