P. v. Kelly
A jury convicted defendant of false imprisonment by violence(S 237, subd. (a)), plus an enhancement for personally inflicting great bodily injury (S 12022.7, subd. (a)); and torture (S 206). The juryalso found Kelly had three prior "strike" convictions for kidnapping, robbery, and first degree burglary. (SS 207, 211, 459, and 667, subd. (b)(i).) On the torture count, the court sentenced defendant to life with the possibility of parole. The court stayed imposition of the sentence on count 1. (S 654.)
A jury also convicted defendant of false imprisonment by violence (S 237,subd. (a)), plus an enhancement for personally inflicting great bodily injury(S 12022.7, subd. (a)); torture (S 206); and attempted forcible oral copulation. (SS 664/288a, subd. (c)(2).) The court sentenced Defendant to life with the possibility of parole, plus a consecutive one year term on count 3. The court again stayed imposition of the sentence on count 1. (S 654.)
Onappeal, defendant contends the trial courterred by allowing evidence of uncharged acts and by not giving the correct instruction on its use for impeachment. Additionally, defendant asserts the court should have given an instruction on torture. Defendant maintains the trial courterred in its instruction on eyewitness identification. (CALJIC No. 2.92.) Both defendants adopt one another's arguments to the extent they are relevant. In supplemental briefing, defendant argues that the prosecutor committed misconduct and defendant suffered ineffective assistance of counsel, both stemming from the victim's inconsistent testimony in an earlier trial.
Court reject defendants' contentions and affirm.
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