California v. Stinson

Defendant Davonte Stinson and codefendant Dontae McFadden approached S.A. in his parked car and, at gunpoint, took several items from him including his wallet, keys, and cell phone. Still at gunpoint, they made S.A. move from the driver’s seat to the trunk, placed him in the trunk and closed it, and then continued to look through the car. Defendant and codefendant then fled, leaving S.A. in the trunk. Shortly thereafter, using S.A.’s keys, defendant and codefendant entered the apartment S.A. shared with his fiancé, A.L.G., and her two children. At gunpoint, they demanded that A.L.G. give them whatever guns and money that were in the apartment. After obtaining two guns and other items, they left. Defendant and codefendant were tried together. The jury found defendant guilty of kidnapping to commit robbery, robbery in the second degree, possession of a firearm by a felon, and robbery in the first degree. On appeal, defendant argued: (1) the trial court abused its discretion in denying the defense motion to sever count six (felon in possession of a firearm alleged against codefendant), charging only codefendant with being a felon in possession of a firearm based on the discovery of a handgun in codefendant’s backpack approximately three months after the robberies of S.A. and A.L.G; (2) the evidence was legally insufficient to support the conviction of kidnapping to commit robbery because it failed to establish that the movement of S.A. from the driver’s seat to the trunk of his car was more than incidental to the commission of the robbery and that it increased the risk of harm to S.A.; and (3) the court erred in the manner in which it modified CALCRIM No. 1203. In the published portion of its opinion, the Court of Appeal concluded the trial court did not err in instructing the jury with the modified version of CALCRIM No. 1203. In the unpublished portions of this opinion, the Court concluded the trial court did not abuse its discretion in denying the defense motion to sever; nor were defendant’s due process and fair trial rights violated by the joinder. Furthermore, the evidence was legally sufficient to support the conviction of kidnapping to commit robbery. However, finding merit to the contentions raised by defendant in his supplemental briefing, the Court remanded this case back to the trial court for a Franklin hearing and for the trial court to exercise its discretion under Penal section 12022.53 (h), to consider whether to strike the section 12022.53 (b), enhancement. Otherwise, the Court affirmed. View "California v. Stinson" on Justia Law