P. v. Mora
Luis Alfonso Mora was convicted after a jury trial on a variety of felony charges arising from his kidnapping and robbery of J. L. and H. S. and his sexual assault of H. S. On appeal Mora does not challenge his convictions for kidnapping J. L. with intent to commit robbery, two counts of robbery and sexual battery by restraint. However, he contends insufficient evidence supports his conviction for kidnapping with intent to commit rape; his conviction on the lesser included offenses of kidnapping and false imprisonment should be reversed; insufficient evidence supports the finding he used a firearm during the commission of the crimes; the prosecutor misstated the law regarding use of a firearm; the court erred in failing to instruct the jury sua sponte on voluntary intoxication; and the sentence imposed for false imprisonment should be stayed if it is not considered a lesser included offense of aggravated kidnapping. Court affirm in part, reverse in part and remand for resentencing.
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