P. v. Tillman
Defendant and appellant Ernest Markeya Tillman jumped into the back seat of a car belonging to the victim while she was parked in a parking lot. He held a BB gun to her head and forced her to drive to get him money. When she told him she did not have any money, he became angry and hit her in the head. Defendant jumped out of the vehicle. Fingerprints matched to defendant were found on the car and the victim identified defendant from a six-pack photographic lineup (lineup).
Defendant was convicted of kidnapping to commit robbery (Pen. Code, § 209, subd. (b)(1)) and assault (§ 240). He also admitted in a bifurcated proceeding to having suffered a prior serious and violent offense (§§ 667, subds. (a), (c) & (e)(1), 1170.12, subd. (c)(1)) and having served a prior prison term (§ 667.5, subd. (b)). Defendant was sentenced to an indeterminate term of 14 years to life plus a determinative term of 5 years to be served in state prison.
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