P. v. Tovar
Victor Alvarez Tovar appeals the judgment entered after a jury convicted him on two counts of kidnapping to commit robbery (Pen. Code,[1] § 209, subd. (b)(1)), and one count of second degree robbery (§ 211). The trial court sentenced him to an aggregate sentence of life in prison with the possibility of parole plus three years, consisting of two concurrent life terms on the kidnapping to commit robbery counts plus a consecutive three-year term for the robbery. Appellant contends (1) the court erred in admitting the preliminary hearing testimony and other evidence relating to a purportedly unavailable witness; (2) the sentence imposed on the robbery count should have been stayed under section 654; (3) his sentence amounts to cruel and unusual punishment; and (4) the court committed instructional error. We shall order the sentence on the robbery count stayed. Otherwise, we affirm.
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