What is the appropriate sentencing for a man convicted of kidnapping, sexual assault and lewd act?

California, United States of America


The following excerpt is from People v. Miller, A145096 (Cal. App. 2016):

After defendant placed a number of nonsentencing complaints on the record, the trial court then pronounced sentence on each of the counts. It appears to have been only an oversight that the sentence on count one (kidnapping) was not stayed under section 654 in light of the 50-year-to-life sentence imposed on the lewd act convictions. (See People v. Latimer (1993) 5 Cal.4th 1203, 1216 [ 654 applied where defendant drove victim to the desert and raped her; "Although the kidnapping and the rapes were separate acts, the evidence does not suggest any intent or objective behind the kidnapping other than to facilitate the rapes."].)

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