(DOWNLOAD) "People V. Surdi" by Fourth Appellate District, Division Three Court of Appeal of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Surdi
- Author : Fourth Appellate District, Division Three Court of Appeal of California
- Release Date : January 31, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Kenneth Luis Surdi was convicted of aggravated mayhem (Pen. Code,*fn2 § 205), torture ( § 206), kidnapping ( § 207, subd. (a)), attempted murder ( §§ 664, 187), and conspiracy to commit second-degree murder ( §§ 182, subd. (a)(1), 187). He was sentenced to consecutive terms of 15 years to life and life on the conspiracy and mayhem counts, plus 10 years and 8 months for the attempted murder and kidnapping counts.*fn3 On appeal, he contends the court erred in (1) refusing his proffered duress instructions, (2) failing to instruct sua sponte on the defense of necessity, (3) failing to stay sentence on the attempted murder and kidnapping counts, and (4) imposing the upper term on the attempted murder count. We agree the attempted murder count must be stayed and modify the judgment accordingly. In all other respects, we affirm.