(DOWNLOAD) "People V. Magana" by Second Appellate District, Division Five Court of Appeal of California * Book PDF Kindle ePub Free
eBook details
- Title: People V. Magana
- Author : Second Appellate District, Division Five Court of Appeal of California
- Release Date : January 20, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Jesus Magana appeals from the judgment entered following a jury trial in which he was convicted of kidnapping (Pen. Code, § 207, subd. (a)), false imprisonment (Pen. Code, § 236) and two counts of forcible rape (Pen. Code, § 261, subd. (2)) for which the victim was kidnapped (Pen. Code, §§ 207, 667.8, subd. (a)).*fn1 He was sentenced to the three-year middle term for false imprisonment, and consecutive eight-year upper terms for each of the forcible rapes, with a three-year enhancement for kidnapping for purpose of rape for a total term of twenty-two years. A five-year middle term for kidnapping was stayed pursuant to Penal Code section 654. He was given credit for 191 days of actual custody plus 96 days of conduct credits, for a total of 287 days' credit. He contends: "I. The false imprisonment conviction must be stricken as an improper double conviction since false imprisonment is a lesser included offense of kidnapping . . . . II. In the event the false imprisonment conviction is not stricken, sentence must be stayed under Penal Code section 654 . . . . III. The evidence was insufficient to support a conviction of kidnapping . . . . IV. The court erred in finding that the two rapes were committed on separate occasions . . . . V. Appellant was not given full credit for time served and conduct credit . . . ."