P. v. Russell
Defendant was convicted of four counts of kidnapping to commit a sex offense (counts 1, 3, 4 and 6), one count of attempted sodomy by force (count 2), one count of robbery (count 5), two counts of forcible oral copulation enhanced by kidnapping allegations (counts 7 and 8), one count of sodomy by force enhanced by a kidnapping allegation (count 9), and two counts of sexual penetration by a foreign object enhanced by kidnapping allegations (counts 10 and 11), with true findings on allegations that he had suffered one prior strike conviction that also qualified as a serious felony, and had served one prior prison term. (Pen. Code, 209, subd. (b)(1), 664, 286, subd. (c)(2), 211, 288a, subd. (c)(2), 289, subd. (a)(1), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667, subd. (a)(1), 667.5, subd. (b).)[1] He was sentenced to state prison for a term of 185 years to life. Russell appeals, contending the trial court should have permitted him to discharge retained counsel, his motion for a new trial should have been granted on the ground of juror misconduct, and claiming there were instructional, sentencing, and Cunningham errors. Court agree with Russell that the trial court should have granted his post-verdict motion to discharge retained counsel. For this reason, we vacate the findings on the prior conviction allegations, the order denying his motion for new trial, and his sentence of 185 years to life, but otherwise affirm and remand for further proceedings.
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