 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Kennedy4/7/2003
A jury convicted defendant and appellant Robert Stanley Kennedy (defendant) of three counts of robbery under Penal Code section 211, six counts of felony false imprisonment under section 236, one count of felony assault under section 245, subdivision (a), and being an ex-felon in possession of a firearm under section 12021.1. The jury found true that defendant personally discharged a firearm in the commission of the robberies, the false imprisonment offense and the assaults under sections 12022.53, subdivision (c) and 12022.5, subdivision (a). The jury also found true that defendant had previously suffered a robbery conviction as a serious felony and strike prior under section 667, subdivisions (a), (c) through (e).
On appeal, defendant contends that all the convictions must be reversed because the trial court erred (1) in admitting a statement defendant made to a police officer, (2) in excusing a juror without good cause, and (3) in failing to dismiss the entire jury after excusing a juror. Moreover, defendant contends that his sentence for being an ex- felon in possession of a firearm should be stayed under section 654. We modify the sentence. In all other respects, the judgment is affirmed.
FACTUAL AND PROCEDURAL HISTORY
In May of 2000, defendant was released from prison and returned to live with his parents.
James Kauten was a friend of defendant and his brother, Brandon Kennedy (Kennedy). After defendant was released from prison in May of 2000, Kauten would see the brothers daily. On one occasion, defendant told Kauten that he had gone to prison because some friends had "ratted him out." Defendant also stated that in the future, he would not tell his friends about any crimes he committed.
Between May and October of 2000, defendant had financial problems. Defendant complained to his girlfriend that he was desperate because he could not get a job because of his prison record. He stated that he was so desperate that he should go rob a bank or go back to prison. On either October 2 or 3, a few days before defendant was arrested in Las Vegas, he and his girlfriend discussed his situation. Defendant stated that he had rented an old man's costume and a wig, borrowed a friend's stolen truck, and went to a bank with a gun. He said he waited outside the bank until it closed. When he saw a teller come out and get into a mini-van with her family, he changed his mind about robbing the teller.
On October 6, 2000, Kauten and Kennedy were planning a trip to Las Vegas with Kennedy's boss to attend a car show. Defendant was present at Kauten's house during this discussion, but did not indicate at that time that he planned to go on the trip. Defendant and Kennedy slept over at Kauten's house that night.
The next day, October 7, defendant woke up about 8:00 a.m. He told Kauten that he was going out to get something to eat and left around 8:45 a.m. When he left the house, defendant was wearing a gray shirt and light blue pants. He drove a gray Nissan Sentra.
About 9:20 a.m., Vince Ramirez was painting curbs in a business complex. As Ramirez walked back to his truck, he noticed man in black clothing holding a white pillowcase. The man was sitting on the curb between two of the office suites -- suites 104 and 105. The man was a white male with bleached blond hair, blue eyes, and a young face. He was tall and thin, and appeared to be between 17 and 20 years old. He had features that were consistent with defendant's features.
Ramirez saw that the man was somewhat distraught and appeared to be thinking about doing something. As Ramirez walked to his truck, the man got up and walked around the east side of
Page 1 2 3 4 5 6 7 8 9 10 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|