P. v. Hernandez
Defendant Laura Catheline Hernandez persuaded the victim to drive her and her boyfriend to get cigarettes. Her boyfriend then put a knife to the victim's throat and started telling him where to drive. The victim escaped only by grabbing the knife -- thus sustaining a severe slash wound to his hand -- and jumping out of the car.
Defendant was found guilty of kidnapping for the purpose of carjacking (Pen. Code, § 209.5, subd. (a)), carjacking (Pen. Code, § 215, subd. (a)), and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). She was sentenced to a total of 10 years to life in prison.
Defendant contends that she could not be convicted of both carjacking and kidnapping for the purpose of carjacking, because the former is a lesser included offense of the latter. The People concede the error. Hence, we will vacate the carjacking conviction.
Defendant also contends that sentencing her for both kidnapping for the purpose of carjacking and assault with a deadly weapon violated Penal Code section 654 (section 654). We agree. Hence, we will stay the sentence for assault with a deadly weapon. Otherwise, we will affirm.
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