P. v. Song
A jury convicted defendant, Deqiang Song, of kidnapping for ransom and willful, deliberate, premeditated attempted murder in counts 1 and 2 respectively. (Pen. Code,[1] §§ 209, subd. (a), 664, 187, subd. (a).) The jury found that in the commission of the kidnapping for ransom, defendant: caused the victim, Ling S., to suffer bodily harm; intentionally confined her in a way that created a substantial risk of death; and personally used a deadly and dangerous weapon, a knife. (§§ 209, subd. (a), 12022, subd. (b)(1).) The jury further found that in the commission of the attempted murder, defendant personally used a knife and inflicted great bodily injury. (§§ 12022, subd. (b)(1), 12022.7, subd. (a).) Defendant was sentenced to an indeterminate term of life without the possibility of parole on count 1. Defendant was consecutively sentenced to an indeterminate life term and a determinate four-year term on count 2. We modify the judgment as to assessments and presentence custody credit. We remand in order for the trial court to impose or strike the personal knife use enhancement (§ 12022, subd. (b)(1)) as to count 1. We affirm the judgment in all other respects.
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