People v. Barrios
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Defendant was convicted of several crimes stemming from his hijacking of the victim's car, taking cash from the victim's wallet, and ordering the victim to drive them both to ATMs for more cash. At issue was whether defendant can be imprisoned for both robbery and for kidnapping to commit robbery.
The Court of Appeal found People v. Beamon, (1973) 8 Cal.3d 625, controlling and concluded that the robbery offense was an incident to defendant's offense of kidnapping for robbery. The court explained that because the kidnapping had no objective but robbery, the robbery sentence and its enhancement must be stayed. Therefore, there was but one criminal "act" pursuant to Penal Code section 654. The court instructed the trial court to modify the abstract of judgment accordingly and to forward the corrected abstract to the Department of Corrections and Rehabilitation.
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