People v. McKinzie
Annotate this CaseA jury convicted Defendant of first degree murder and found true the robbery-murder and burglary-murder special circumstance allegations. The jury also convicted Defendant of first degree robbery, first degree burglary, and kidnapping for robbery, finding as to these counts that the victim was sixty-five years or older. The jury additionally convicted Defendant of two counts of second degree burglary. The trial court imposed a sentence of death for the murder. With respect to the remaining counts, the trial court imposed, among other things, the upper term of nine years for carjacking plus one year for the elderly victim enhancement. The Supreme Court affirmed the death judgment as modified, concluding that the judgment should be modified to stay the sentence on the carjacking count, as Defendant could not be punished for both carjacking and kidnapping for robbery because the prosecutor argued to the jury that the victim's car was the object of the robbery.
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