P. v. Harvey
A jury convicted Jennaro Eugene Harvey of first degree murder (Pen. Code,[1] § 187, subd. (a)) and attempted kidnapping (§§ 664, 207, subd. (a).) In addition, the jury also found true allegations Harvey personally used a handgun in the commission of these offenses. (§§ 12022.5, subd. (a), 12022.53, subd. (b).) Harvey also admitted the truth of a prior prison conviction allegation. (§§ 667.5, subd. (b), 668.) The trial court sentenced Harvey to a total term of 35 years to life in prison.[2]
Harvey appeals, contending there is insufficient evidence to support his attempted kidnapping conviction. He further contends the trial court violated his constitutional right to adequate notice of the charges against him by granting the prosecution's belated request to include attempted robbery as a target crime for the prosecution's felony-murder theory of culpability. Court conclude there is no merit to these contentions and affirm the judgment.
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