P. v. Caines
A jury found defendant and appellant Luke Caines Jr., guilty of (1) four counts of kidnapping for purposes of robbery (Pen. Code, § 209, subd. (b)(1));[1] (2) six counts of robbery (§ 211); (3) and one count of dissuading a witness (§ 136.1, subd. (c)(1)). Defendant admitted suffering (1) a prior strike conviction (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)); (2) a prior serious felony conviction (§ 667, subd. (a)); and (3) three prior convictions that resulted in prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to prison for a determinate term of 19 years plus an indeterminate term of 14 years to life.
Defendant raises four issues on appeal. First, defendant contends substantial evidence does not support two of his robbery convictions (§ 211). Second, defendant contends his robbery sentences must be stayed pursuant to section 654 because the crimes involve the same intent as his convictions for kidnapping for purposes of robbery. The People concede defendant is partially correct, in that the sentences for the postkidnapping robberies should be stayed, but the sentences for the prekidnapping robberies should not be stayed.
Third, defendant asserts the trial court misunderstood it had the discretion to impose a concurrent, rather than a consecutive, sentence for the crime of dissuading a witness. The People agree with defendant’s third contention. Fourth, defendant contends the trial court erred by imposing fees for all counts charged, even though defendant was found not guilty of some counts. The People agree with defendant’s fourth contention.[2] We reverse defendant’s sentence in Count 14, direct the trial court to resentence defendant for Count 14, and modify other aspects of defendant’s sentence and fees, but otherwise affirm the judgment.
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