P. v. Wilson CA2/5
In 2015, a jury found defendant and appellant Tony Earnest Wilson guilty of kidnapping (Pen. Code, § 207, subd. (a)) , torture (§ 206), and other crimes. The jury also found true the allegation that defendant inflicted great bodily injury on the victim in the commission of the kidnapping. (§ 12022.7, subd. (a).) In a prior appeal in this case, defendant asserted the trial court erred by not staying, pursuant to section 654, the sentences for the kidnapping and the associated great bodily injury (GBI) enhancement because they overlap with the torture. (People v. Wilson (Jan. 23, 2018, E064116) [nonpub. opn.] [2018 Cal.App. Unpub. LEXIS 523, *2].) This court reversed the kidnapping and GBI enhancement sentences to allow the trial court to resentence defendant and give a clear factual basis for its section 654 decisions. (Wilson, at pp. *21-23.)
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