P. v. Rikard
Filed 3/21/06 P. v. Rikard 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Plumas)
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| THE PEOPLE, Plaintiff and Respondent, v. KEVIN GLEN RIKARD, Defendant and Appellant. | C047691
(Super. Ct. No. 0330215)
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Sentenced to a prison term of 22 years to life, defendant Kevin Glen Rikard argues he was denied due process of law because the trial court refused his request to address the court personally at sentencing and his sentence violates the proscription of multiple punishment for a series of crimes committed during an indivisible course of conduct and with a single criminal objective. Since the first argument is meritless, and the second is noncognizable, we dismiss the appeal as to the second issue and otherwise affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
According to the probation report, the victim, Marc Oldham, struck up acquaintances with defendant, Jesse Rath and John Appley, at the bar in the Bucks Lake Lodge in Plumas County. Oldham bought drinks for the three younger men and furnished cocaine. After a while, the four men went to Oldham's cabin. Rath claimed Oldham was acting sexually inappropriate with them. According to Rath, defendant and Appley devised a plot to â€
