Does the Attorney General have the authority to stay execution of two counts of kidnapping where there are two rape charges?

California, United States of America


The following excerpt is from People v. Cartwright, 39 Cal.App.4th 1123, 46 Cal.Rptr.2d 351 (Cal. App. 1995):

The Attorney General contends the trial court erred in calculating defendant's sentence in three respects. First, he questions the stay of execution of the two kidnapping counts since the sentence for kidnapping with the intent to commit a sexual offense is greater than the sentence for an individual sexual offense. This argument ignores the fact that there were several sex offenses, so the total sentence on the sex offenses exceeded that for kidnapping and the stay was proper. (See People v. Latimer (1993) 5 Cal.4th 1203, 23 Cal.Rptr.2d 144, 858 P.2d 611 [proper to stay kidnapping count where two rape counts].)

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