People v. Simmons
Annotate this CaseMalbrough and Simmons were charged in connection with 12 Oakland home-invasion robberies that took place in 2010. The men would enter homes with guns drawn and rob the occupants of their money, jewelry, cell phones and other electronics. The two initially agreed to plead no contest to various charges under a package plea agreement. The trial court withdrew the agreement after Malbrough said he felt pressured into accepting the deal. A jury convicted Malbrough and Simmons of dozens of felonies. Malbrough was sentenced to an indeterminate term of 19 years to life, plus a determinate term of 102 years. Simmons was sentenced to an indeterminate term of 14 years to life, plus a determinate term of 114 years. They appealed the convictions of kidnapping for the purpose of robbery (aggravated kidnapping), alleging insufficient evidence and instructional error, and sought to reinstate the package plea agreement. The court of appeal affirmed, but remanded to the trial court to strike certain fines and to hold a court trial on the prior-strike allegations against Malbrough.
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