Can a defendant appeal against a life-with-parole sentence for kidnapping for robbery and kidnapping for carjacking?
California, United States of America
The following excerpt is from The People v. Jorge Alfonso Ayala Et. Al, B216952, No. NA073260 (Cal. App. 2010):
Appellants were sentenced to consecutive life-with-parole terms on counts 2 and 3, for kidnapping for robbery and kidnapping for carjacking, respectively. Both sentences punished not a course of conduct, but a single undifferentiated act of kidnapping. Appellants cannot be punished twice for the same act (People v. Harrison, supra, 48 Cal.3d at p. 335), and count 3 must be stayed.
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