P. v. Chavarin CA3
A jury convicted defendant Arnulfo Chavarin on 36 counts of lewd acts on a child under 14 with substantial sexual conduct (Pen. Code, §§ 288, subd. (a), 1203.066, subd. (a)(8) -- counts 1 to 36), four counts of lewd acts on a child 14 or 15 years old (§ 288, subd. (c)(1) -- counts 37 to 40), four counts of sexual intercourse with a minor aged 16 or 17 (§ 261.5, subd. (c) -- counts 41 to 44), one count of kidnapping to commit rape (§ 209, subd. (b)(1) -- count 45), and one count of rape with an aggravated kidnapping enhancement (§§ 261, subd. (a)(2), 667.61, subd. (d)(2) -- count 46).
Defendant now contends (1) there is insufficient evidence to support his conviction for kidnapping to commit rape (count 45) and the aggravated kidnapping enhancement on the rape conviction (count 46), and (2) the trial court erred in imposing a concurrent life sentence on count 45 rather than staying sentence on that count. We will modify the judgment to stay execution of the 25-year-to-life se
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