P. v. Julius
Paranoid and delusional as a result of methamphetamine use, defendant took his elderly landlord on a bizarre all-night trip from Redding to Sacramento and back. A jury convicted defendant of kidnapping for carjacking (Pen. Code, 209.5, subd. (a)), carjacking (Pen. Code, 215, subd. (a)), kidnapping (Pen. Code, 207, subd. (a)), false imprisonment of an elder (Pen. Code, 368, subd. (f)), and elder abuse (Pen. Code, 368, subd. (b)(1)), and found true allegations as to the first three crimes of a violent crime committed against a vulnerable person (Pen. Code, 667.9, subd. (a).) The jury also found defendant sane. Defendant was sentenced to a life term plus one year.
On appeal, defendant contends there was insufficient evidence of his victims lack of consent and insufficient evidence of his specific intent for carjacking or kidnapping for carjacking. He further contends it was prejudicial error to admit evidence of his prior bad acts. In a supplemental brief filed on rehearing, defendant contends the convictions for carjacking, kidnapping and false imprisonment of an elder must be dismissed because they are necessarily included in the enhanced kidnapping for carjacking count. He also contends the concurrent sentence for elder abuse should be stayed pursuant to Penal Code section 654. Court reverse the convictions for carjacking, kidnapping and false imprisonment of an elder and otherwise affirm.
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