People v. McInnis
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Defendant was convicted of aggravated kidnapping to commit robbery or a specified sex crime in violation of Penal Code section 209, subdivision (b) and three counts of sex offenses against a minor. As to the sex offenses, the jury found true the aggravated kidnapping circumstance of the One Strike Law, Penal Code, section 667.61, subd. (d)(2). Defendant was sentenced to three consecutive terms of life in prison without the possibility of parole (LWOP).
The Court of Appeal rejected defendant's contention that the aggravated kidnapping statutes are void for vagueness. However, the court agreed with defendant that the trial court was clear about why it chose consecutive rather than concurrent LWOP terms, and that its sole reason (the possibility of appellate relief on one or more counts) was not an appropriate basis for imposing consecutive terms. Accordingly, the court remanded for resentencing using the appropriate sentencing factors. The court also concluded that Penal Code section 1202.45(a) is inapplicable to defendant and struck the $10,000 parole revocation fine. Finally, the court agreed with the parties regarding the error in the abstract judgment, and instructed the trial court to reflect the correct sentencing statute, Penal Code section 667.61, when it issues a new abstract of judgment.
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