P. v. Simmons
A jury convicted Charnetta Lavia Simmons of premeditated attempted murder (Pen. Code, 187, 664),[1]kidnapping ( 207, subd. (a)), and making criminal threats ( 422). In a bench trial following her conviction, the trial court found she was sane at the time she abducted and attempted to kill the victim. Defendant contests the trial courts sanity determination. She also argues life in prison with the possibility of parole constitutes cruel and/or unusual punishment, and contends the trial court erred by rejecting probation in lieu of imprisonment and by imposing an eight month consecutive sentence on her criminal threats conviction. (See 654.) We uphold the trial courts sanity finding because defendant falls short of establishing that no reasonable fact finder could conclude she was sane on the evidence presented. And as Court explain below, defendants sentencing contentions are without merit. Court therefore affirm the judgment.
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