P. v. Kelly
Filed 2/16/07 P. v. Kelly CA4/2
NOT TO BEPUBLISHED IN OFFICIAL REPORTS
California Rules of Court,rule 977(a), prohibits courts and parties from citing or relying on opinionsnot certified for publication or ordered published, except as specified by rule977(b). This opinion has not been certified for publication or orderedpublished for purposes of rule 977.
IN THE COURT OFAPPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATEDISTRICT
DIVISION TWO
| THE PEOPLE,
Plaintiff and Respondent,
v.
DAVID LEE KELLY et al.,
Defendants and Appellants.
|
E037668
(Super.Ct.No. FWV 024397)
OPINION
|
APPEAL from the Superior Court of San BernardinoCounty. Ingrid Adamson Uhler, Judge. Affirmed.
Christine Vento, underappointment by the Court of Appeal, for Defendant and Appellant David LeeKelly.
David L. Polsky, underappointment by the Court of Appeal, for Defendant and Appellant Xavierre DmawrAllen.
Bill Lockyer and EdmundG. Brown, Jr., Attorneys General,Robert R. Anderson and Mary Jo Graves, Chief Assistant Attorneys General, GaryW. Schons, Senior Assistant Attorney General, Gil Gonzalez, Supervising DeputyAttorney General, and Andrew Mestman, Deputy Attorney General, for Plaintiffand Respondent.
1. Introduction[1]
Ajury convicted defendant Kelly of false imprisonment by violence(§ 237, subd. (a)), plus an enhancement for personallyinflicting great bodily injury (§ 12022.7, subd. (a)); and torture (§ 206). The juryalso found Kelly had three prior â€