P. v. Sullivan
Sentenced to a state prison term of life without possibility of parole plus 13 years, defendant Joseph Dean Sullivan contends only that insufficient evidence supported his conviction on one count out of six. We affirm the judgment in its entirety.
A jury convicted defendant of residential burglary (count 1; Pen. Code, § 459), residential robbery (count 4; Pen. Code, § 211), carjacking (count 5; Pen. Code, § 215), possession of methamphetamine (count 6; Health & Saf. Code, § 11377, subd. (a)), and administering an intoxicating substance to commit a felony (count 7; Pen. Code, § 222). The jury hung on count 3 (kidnapping for robbery; Pen. Code, § 209, subd. (b)(1)). The jury found true as to counts 1, 4, and 5 that defendant should have known the victim was over the age of 65 (Pen. Code, § 667.9, subd. (a)); as to counts 1 and 4, that defendant inflicted great bodily injury on the victim (Pen. Code, § 12022.7, subd. (a)); and as to count 2, that defendant caused bodily harm and confinement, exposing the victim to substantial likelihood of death (Pen. Code, § 209, subd. (a)).
The trial court sentenced defendant as follows: the upper term of six years on count 1 (residential burglary), plus three years for the great bodily injury enhancement and one year for the elderly victim enhancement; one year eight months on count 5 (carjacking), eight months on count 6 (possession of methamphetamine), and eight months on count 7 (administering an intoxicating substance to commit a felony), all consecutive to count 1; and life without possibility of parole on count 2 (kidnapping for robbery, plus the enhancements thereon). The court stayed sentence on count 4 (residential robbery) and the elderly victim enhancement on count 5 (Pen. Code, § 654).
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