PEOPLE v. BYRD

No. D056974.

194 Cal.App.4th 88 (2011)

THE PEOPLE, Plaintiff and Respondent, v. AARON WADE BYRD, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

April 7, 2011.


Attorney(s) appearing for the Case

Richard de la Sota for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Peter Quon, Jr. , Karl T. Terp and Scott Taylor , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BENKE, Acting P. J.

Aaron Wade Byrd contends the trial court erred when it sentenced him to prison for forcible sodomy (Pen. Code,1 § 286, subd. (c)(2); count 3) with a fixed-term enhancement for aggravated kidnapping for purposes of committing the crime (§ 667.61, subd. (d)(2)), but refused to stay his sentence for simple kidnapping (§ 207; count 1) because,

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