P. v. Santivanes
Defendant appeals from judgment entered following a jury trial in which he was convicted of three counts of kidnapping for carjacking, counts 1, 7 and 8 (Pen. Code, 209.5, subd. (a)), three counts of kidnapping to commit robbery, counts 2, 9 and 10 (Pen. Code, 209, subd. (b)(1)), two counts of second degree robbery, counts 4 and 5 (Pen. Code, 211) and one count of misdemeanor sexual battery, count 6 (Pen. Code, 243.4, subd. (e)(1)). On counts 1 and 7, he was sentenced to two consecutive prison terms of life with the possibility of parole. Sentence on the remaining counts was either stayed pursuant to Penal Code section 654 or ordered to run concurrently with the sentences imposed in counts 1 and 7. He contends the trial court erred when it sentenced him on counts 1 and 7 to consecutive terms based on facts not found by the jury, violating his federal constitutional rights to due process and trial by jury. For reasons explained in the opinion, Court affirm the judgment and order the abstract of judgment corrected to reflect the proper sentence.
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