P. v. Arellano CA2/8
A jury convicted codefendants Amber Griffin, Calvin Kelly, Jessie Arellano, and Angelina Olsen of robbery and related charges. The information was based on two separate incidents: the carjacking of P.H. by Kelly and Olsen, and the aggravated kidnapping of R.N. by Kelly, Griffin and Arellano. The two incidents were initially filed separately and later were consolidated by the trial court. On appeal, Griffin and Arellano challenge the court’s decision to consolidate the cases, and raise claims of insufficiency of the evidence, instructional and evidentiary error, and prosecutorial misconduct. Kelly claims the trial court made various sentencing errors, an argument in which Arellano joins. Finally, all appellants ask that the case be remanded for resentencing under Senate Bill No. 620 dealing with firearm enhancements. We affirm the conviction as modified, and reverse for a new sentencing hearing as to Kelly, Arellano and Griffin.
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