P. v. Adame
David Adame, Monica Vasquez, and Patrick Delgado appeal the judgments entered after a jury convicted each of them of second degree robbery (Pen. Code,[1] § 211), kidnapping to commit robbery (§ 209, subd. (b)(1)), dissuading a witness (§ 136.1, subd. (c)(1)), and carjacking (§ 215, subd. (a)). The jury also found true allegations that appellants committed the crimes for the benefit of a criminal street gang (§ 186.22, subds. (b)(1)(C) & (b)(4)).[2] The trial court sentenced Adame to 52 years to life in state prison. Delgado was sentenced to 37 years to life, and Vasquez received a sentence of 30 years to life. Appellants contend (1) the court erred in admitting Vasquez's recorded jailhouse conversations; (2) the evidence is insufficient to support their convictions for dissuading a witness; and (3) the court sentenced them on both the robbery and kidnapping counts in violation of section 654. Vasquez also contends the court erred in refusing to instruct the jury on the defenses of duress and necessity, and claims her sentence amounts to cruel and unusual punishment. Adame and Delgado also contend they received constitutionally ineffective assistance of counsel at sentencing. We shall order sentencing stayed on the robbery count as to each appellant pursuant to section 654. We shall also order the case remanded for resentencing as to Delgado and Vasquez. Otherwise, Court affirm.
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