P. v. Burnhart CA3
A jury heard the harrowing, terrifying testimony of a real estate agent who had been threatened by defendant David Burnhart at gunpoint in a model home, stripped from the waist down, and handcuffed to the clothes rod in a secluded bedroom as well as the testimony of defendant that he had forgotten he had a gun and handcuffs hooked to his pants which, unintentionally, frightened his victim, his denial that he had threatened her with the gun, and his insistence that he did not intend to rape, rob, or assault her. Rejecting defendant’s testimony, the jury convicted defendant of kidnapping to commit robbery, kidnapping to commit rape, assault with intent to commit rape, false imprisonment, criminal threats, possession of a firearm by a felon, and various enhancements. In a meritless challenge to the sufficiency of the evidence, defendant ignores the fundamental principles limiting the scope of appellate review. The Attorney General concedes three sentencing errors and we reject the re
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