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eBook details

• Title: People v. Casper
• Author : California Court of Appeals
• Release Date : January 03, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

CERTIFIED FOR PUBLICATION David James Casper entered a guilty plea to the following offenses: one count of carjacking (Pen. Code, § 215 subd. (a)); 1 one count of residential burglary (§§ 459/460); one count of taking or knowingly driving a stolen vehicle (Veh. Code, § 10851, subd. (a)); 25 counts of robbery (§ 211), with personal use of a firearm in all but one of the robberies (§ 12022.53, subd. (b)); four counts of attempted robbery (§§ 664/211) with personal use of a firearm; two counts of false imprisonment (§§ 236/237) with personal use of a firearm (§ 12022.5, subd. (a)(1)); and assault with a semi-automatic firearm (§ 245, subd. (b)) with personal use of a firearm (§ 12022.5, subd. (a)(1)). Casper admitted a prior serious or violent felony conviction (hereafter strike) (§§ 667, subds. (b)-(i), 1170.12, 668) alleged in each count, a prior serious felony conviction (§§ 667, subd. (a)(1), 668), and serving two prior prison terms (§§ 667.5 subd. (b), 668). The court dismissed the strike allegation on all but the carjacking conviction and sentenced him to 104 years 8 months in prison: double the three-year lower term for carjacking with a prior strike enhanced 10 years for personally using a firearm, with consecutive terms of one year four months for residential burglary, four years four months each on 19 counts of robbery while personally using a firearm, and five years for the prior serious felony conviction. With the exception of the sentence on the carjacking conviction, all sentences were one-third the middle term. The court imposed concurrent terms on the remaining convictions. Casper contends the matter must be remanded for resentencing because the trial court mistakenly believed it did not have discretion to impose concurrent terms on convictions for crimes that occurred on different occasions or did not arise from the same set of operative facts.

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