P. v. Bailey
Defendant was convicted of aggravated kidnapping and other charges after he and a codefendant, Dontae Warfield, displaying a pellet gun, carjacked a man and forced him to drive them in his car for about an hour. During the drive, defendant left the car once for the purpose of attempting to rob another man. The drive ended when the driver attracted the attention of police, who pulled over the car and arrested the two defendants.Defendant contends that (1) the charge of aggravated kidnapping, added after the preliminary hearing, should have been dismissed because it was intended to penalize him for refusing to accept a plea offer, (2) the court committed instructional error, (3) the prosecutor committed misconduct, (4) the court abused its discretion in refusing to dismiss the charge of aggravated kidnapping under Penal Code section 1385, and (5) his sentence constituted cruel and unusual punishment. Court affirm.
Comments on P. v. Bailey