P. v. Grimes CA4/3
Donnis James Grimes appeals from a judgment after a jury convicted him, and his co-defendant, Dejohn Lamont Mitchell, of kidnapping to commit robbery, carjacking, three counts of second degree robbery, two counts of assault with force likely to produce great bodily injury (GBI), and unlawful taking of a vehicle, and found true GBI allegations. In Grimes’s appeal, he raises sufficiency of the evidence, instructional, constitutional, juror misconduct, and sentencing claims.
As we explain below, we agree insufficient evidence supports the jury’s finding Grimes inflicted GBI during the commission of one of the second degree robberies and that the abstract of judgment must be corrected. We reverse the jury’s true finding on the GBI enhancement as to count 3 and order the abstract of judgment corrected. In all other respects, we affirm the judgment and remand the matter.
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