P. v. Wilkes CA2/2
Venie J. Wilkes (defendant) appeals from a judgment entered following a jury trial that resulted in his conviction of kidnapping to commit robbery (Pen. Code, § 209, subd. (b)(1)); kidnapping for carjacking (§ 209.5, subd. (a)); first degree robbery (§ 211); and first degree burglary (§ 459).
Defendant contends his convictions should be reversed because: (1) the statutes for kidnapping to commit robbery and kidnapping for carjacking are unconstitutionally vague, and the standard jury instructions defining these offenses are erroneous; (2) insufficient evidence supports the jury’s finding that he committed kidnapping for carjacking, and the trial court erred by not sua sponte instructing the jury on simple kidnapping as a lesser included offense; and (3) section 654 precludes punishment for both kidnapping to commit robbery and first degree robbery. We affirm.
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