California v. Stringer
Annotate this CaseAlexander Stringer was convicted by jury of aggravated kidnapping to commit extortion or exact money or property from another person, three counts of aggravated kidnapping to facilitate carjacking, two counts of simple kidnapping, two counts of assault with a firearm, one count of child endangerment, two counts of felony possession of a firearm, and one count of robbery. Stringer admitted a prior serious felony conviction and two prior strikes under the three strikes law, and the jury returned true findings on several firearm enhancements. The trial court sentenced Stringer to an aggregate term of life without the possibility of parole, plus an additional 87 years to life, in state prison. Stringer appealed. After review of Stringer’s arguments on appeal, the Court of Appeal determined: (1) the jury instruction for aggravated kidnapping to commit extortion or exact money or property from another person contained a prejudicial legal error permitting the jury to find Stringer guilty on a legally invalid basis; (2) simple kidnapping to facilitate carjacking was a lesser included offense of kidnapping, and the State conceded as much. Therefore, the Court of Appeal reversed the aggravated kidnapping charge and accepted the State’s concession on simple kidnapping. Judgment was affirmed as to all other charges, and the Court left it to the State on whether to retry Stringer on counts affected by the faulty instructions.
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