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P. v. Bee CA2/7
Victor Bee and Jonathan Woods were convicted by a jury of kidnapping and sentenced to 21 years and 22 years in state prison, respectively. On appeal Bee and Woods principally contend the court failed to instruct on the lesser included offense of false imprisonment and omitted a critical element of the kidnapping offense from the written jury instructions. In addition, Bee contends his counsel was constitutionally ineffective in failing to move to sever his trial or obtain a separate jury, while Woods contends the court erred in denying his counsel’s requests for a continuance to review late-produced discovery and to give a jury instruction as a discovery sanction. Bee and Woods also argue their respective counsel provided ineffective assistance at the sentencing hearing. We remand to allow the trial court to consider whether to exercise its discretion under a new law, effective January 1, 2019, to strike or dismiss a prior serious felony conviction for sentencing purposes. In al

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