P. v. Hardwick CA2/3
Defendant Adolph Lee Hardwick appeals from a second-strike sentence imposed after a jury convicted him of abducting Mayra Zevallos at gunpoint, forcing her to drive him around aimlessly, and threatening to kill her. On appeal, defendant contends that the court failed to instruct the jury on the semiautomatic firearm element of assault with a semiautomatic firearm; that there is insufficient evidence of the asportation required for carjacking; that his carjacking conviction is unauthorized because it is a lesser-included offense of kidnap for carjacking; that his conviction for possessing a firearm as an ex-felon should have been stayed under section 654; and that his sentence is cruel and/or unusual punishment.
We conclude the court’s instructional error was not harmless beyond a reasonable doubt and modify count 1 to the lesser-included offense of assault with a firearm. The People concede, and we agree, that carjacking is a lesser-included offense of kidnap for carjacking; we th
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