People v. Buchanan
Annotate this CaseBuchanan was convicted of several crimes, including kidnapping with intent to commit a sex offense. The court found certain enhancement allegations true and sentenced Buchanan to 60 years to life in prison, which included 10 years for two prior serious felony convictions. The court of appeal affirmed the conviction and remanded for resentencing. The court rejected Buchanan’s argument that the court erred by instructing the jury with CALCRIM No. 361 (failure to explain or deny adverse testimony), finding any error harmless, and by failing to sua sponte deliver CALCRIM No. 3500 (unanimity) for count 2 (assault with intent to commit a sex offense). Penal Code 136.2(i)(1) authorized a post-judgment protective order because Buchanan was convicted of crimes requiring him to register as a sex offender but on remand, the court must state the order’s duration. On remand, the court must also impose a consecutive sentence for count 3 (failure to register as a sex offender); order the prior serious felony enhancement attendant to count 2 (assault with intent to commit a sex offense) to run concurrently to count 2, unless the court exercises its discretion to strike or dismiss that enhancement pursuant to Bill 1393; and exercise its discretion to impose or strike a single prison prior enhancement (Penal Code 667.5(b)); and exercise its discretion pursuant to Bill 1393.
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