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P. v. Gordon

P. v. Gordon
06:13:2006

Filed 5/23/06 P


P. v. Gordon


 


 


Filed 5/23/06  P. v. Gordon CA3


NOT TO BE PUBLISHED


 


 


 


 


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.


 


 


 


 


 


 


 


 


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


THIRD APPELLATE DISTRICT


(Trinity)


----







THE PEOPLE,


          Plaintiff and Respondent,


     v.


JAMES OLIVER GORDON,


          Defendant and Appellant.



C049156


(Super. Ct. No. 03F195B)



     A jury found defendant James Oliver Gordon guilty of first degree murder (count one), attempted murder (count two), and robbery (count three).  With respect to count one, the jury found the murder was committed in the course of the robbery and was willful, deliberate, and premeditated.  With respect to counts one, two, and three, the jury found the principal was armed with a firearm.  The court sentenced defendant to an aggregate prison term of life without the possibility of parole plus seven years.


     On appeal, defendant contends:  (1) his convictions for robbery and murder with the attached robbery-murder special circumstance must be reversed because the force used to prevent the victims from reclaiming their marijuana was not part of the robbery, as the victims had no legal right to recover the contraband; (2) trial counsel was ineffective for failing to object to the prosecutor's questions to defendant regarding the police officers' veracity; (3) his punishment for robbery and the related arming enhancement must be stayed; and (4) his punishment for robbery should be modified from four years to three years.  We agree with defendant's third and fourth contentions and shall modify the judgment accordingly.


FACTUAL AND PROCEDURAL BACKGROUND


A


The Prosecution


     On November 1, 2003, Ian Michael Gonzales drove from his house in Big Flat to a concert hall in downtown Eureka to attend a rap performance.  When the performance ended, Gonzales attended an â€





Description A decision regarding first degree murder, attempted murder, and robbery.
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