P. v. McClinton
Filed 4/3/06 P. v. McClinton CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. ANDRE KAEFUNN MC CLINTON, Defendant and Appellant. | B181979 (Los Angeles County Super. Ct. No. NA 061415) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Tomson T. Ong, Judge. Affirmed in part, reversed in part, and remanded with directions.
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John Steinberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Robert F. Katz and Lauren E. Dana, Deputy Attorneys General, for Plaintiff and Respondent.
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A jury convicted Andre McClinton of nine counts of second degree robbery (counts 1-4, 7-9, 12, 13), two counts of attempted second degree robbery (counts 5, 6), kidnapping to commit forcible sodomy (count 10), and forcible sodomy with a finding that he kidnapped and moved the victim substantially increasing her risk of harm above that inherent in the sodomy (count 11). (Pen. Code, §§ 211, 212.5; 664; 209, subd. (b)(1); 286, subd. (c)(2), 667.61, subd. (d)(2); all further undesignated section references are to the Penal Code.) In a bifurcated trial after a jury waiver, the trial court found that McClinton previously had been convicted of seven robberies, three of which were charged in a 1988 case and four of which were charged in a 1990 case. The court also found that McClinton had served two separate prison terms for these convictions which constituted seven â€
