People v. Cortez

Opinion

CAPACCIOLI, Acting P. J.

Defendant was convicted of kidnapping and allegations of two prior convictions were found true. He was sentenced to 13 years in state prison. He asserts that his conviction must be reversed because the trial court failed to sua sponte instruct the jury that it must unanimously agree on the specific act which formed the basis for the conviction. With respect to his sentence, he challenges the validity of Penal Code 1 section 667 and asserts that the trial court had discretion, which it failed to exercise, granted by section 667, to impose concurrent terms for the…