P. v. Mendoza
Defendants Salvador Mendoza, Henry Rodriguez Santana, and Francisco Garcia were convicted of the first degree murder of Roberto Ramirez with the additional special circumstance findings that the murder was committed while in the commission of a kidnapping and torture. The defendants were also convicted of kidnapping, torture, and conspiracy to murder. Defendant Mendoza was convicted of the unlawful possession of a firearm. They appeal, raising numerous issues.
The trial court is ordered to strike the Penal Code section 1202.45 parole revocation fine for each defendant. In addition, we direct the trial court to amend the abstract of judgment for each defendant to reflect that the conspiracy to commit murder, torture, and kidnapping sentences are stayed, including the arming enhancement for the kidnapping conviction. Additionally, as to Mendoza, the court must stay his sentence for possession of a firearm in count 5. After making the ordered changes, the court forward the corrected abstracts of judgment to the appropriate authorities. In all other respects, the judgment is affirmed.
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