P. v. Stayer
After the death of Christopher McCauliffe, defendants Timothy Thomas Stayer and Robert Lee Stayer[1]and several codefendants were charged with murder (count 1; Pen. Code, 187, subd. (a)),[2]conspiracy to commit torture (count 2; 186, subd. (a)(1), 206), torture (count 3; 206), kidnapping (count 4; 207, subd. (a)), and destruction of evidence (count 6; 135). As to count 1, it was alleged as a special circumstance that defendants committed murder while in the commission of kidnapping ( 190.2, subd. (a)(17)(B)). As to count 3, it was alleged as an enhancement that defendants inflicted great bodily injury ( 12022.7). As to counts 1 through 4, Timothy was alleged to have served a prior prison term ( 667.5, subd. (b)). A jury convicted defendants on all counts and found the special circumstance and enhancement true. In a bifurcated proceeding, the trial court found that Timothy had served a prior prison term. court remand to strike the restitution fines under section 1202.45. In all other respects, Court affirm.
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