People v. Osotonu
Annotate this CaseIn 1996, Osotonu and other were charged with three counts of second-degree burglary, six counts of possession of a destructive device near certain places, five counts of sale or transportation of a destructive device, attempted use of a destructive device, two counts of terrorizing, two counts of use of a destructive device to destroy property, and conspiracy to commit a crime. Osotonu entered a no contest plea to 17 counts, admitted a prior conviction and was sentenced to 26 years in prison. In 2015, Osotonu sought recall of his three second-degree burglary convictions and resentencing. He appealed the denial of his petition with respect to one conviction. The Solano County District Attorney described the incident: A bomb exploded at a Vallejo ATM machine at approximately 2:50 a.m. The bank was damaged and part of the ATM machine was blown apart; there was a crater in the cement wall. The incident was reportedly part of a scheme to help a co-defendant destroy the evidence in a criminal case. According to Osotonu, he agreed to participate “to create a diversion and to get money.” The court concluded the incident could not be recast as the lesser offense of shoplifting, which is defined as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours.” On remand from the California Supreme Court, the court of appeal affirmed, noting that Osotonu’s use of explosives posed a serious danger to personal safety to anyone in the vicinity.
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