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People v. Kozlowski3/4/2002
CERTIFIED FOR PARTIAL PUBLICATION
A jury convicted appellants Matthew Mark Kozlowski and Donald Paul Gatson of two counts each of robbery, attempted murder, and kidnapping for purposes of extortion, as well as a single count of carjacking. It found various arming and great bodily injury enhancement allegations to be true and Gatson was found to have suffered two prior convictions. (See Pen. Code, §§ 187, 211, 215, 664, 667, subd. (a); see former §§ 209, subd. (a), § 667.5, subd. (b), 12022, subd. (b), 12022.7, subd. (a).) Each was sentenced to four consecutive life terms-two without possibility of parole and two with possibility of parole. Restitution and parole revocation fines were also levied. (See § 1202.45; see former § 1202.4, subd. (b).) On appeal, Kozlowski and Gatson argue that (1) they were unlawfully convicted of kidnapping for extortion because a personal identification number (PIN) code is not property that may be extorted; (2) insufficient evidence supports the verdicts of kidnapping for extortion and attempted murder; (3) the kidnapping for extortion statute is unconstitutionally vague as applied; and (4) the trial court committed various instructional errors. They also challenge their sentences, raising claims of (5) disparate sentencing; (6) failure to allege a key fact in the information; and (7) illegal or excessive fines. We agree that the fines imposed must be modified, but otherwise affirm the judgments.
I. FACTS
A. The Crime
On July 4, 1999, fifteen-year-old Lisa C. spent the day in Fremont at the home of her friend Reann V. About 11:00 p.m., another of Lisa's friends-18-year-old Robyn C.-joined them. Lisa had invited Robyn to come over because she had a car and Lisa wanted to get some methamphetamine. They called Holly F., whose ex-boyfriend Anthony Kozlowski supposedly had access to drugs. Lisa, Robyn, and Reann and a fourth girl, Natasha O., drove to meet Holly and Anthony. Anthony got into the car and the four girls drove with him to a large apartment complex where Anthony's brother Matthew was thought to have some methamphetamine.
Anthony left the four girls waiting in the car. Five minutes later, he returned with his brother, appellant Matthew Mark Kozlowski. Apparently, Kozlowski did not have any methamphetamine because Anthony and the four girls made several other attempts to locate methamphetamine from other potential sources, all without success. The four girls left Anthony and drove back to the apartment house where Kozlowski and another man-later identified as appellant Donald Paul Gatson-stood outside. Kozlowski told the girls to come back in an hour. Lisa gave Kozlowski her pager number.
The girls went to a birthday party at a hotel in the early morning hours on July 5. At the hotel, Lisa was paged. She received a message from Kozlowski asking only two of the girls to meet him at the apartment. Lisa and Robyn dropped off Reann and Natasha, then drove back to the apartment where Kozlowski waited. He got into Robyn's car and they picked up Gatson. Judging by the way he was acting, Lisa thought Kozlowski might have been under the influence of something, but she was not certain. The two men sat in the backseat, Gatson behind Lisa and Kozlowski behind Robyn, who was driving. One of the men directed Robyn to drive to a nearby school where they were to meet someone with methamphetamine. After waiting about 10 minutes without meeting anyone, they all returned to the apartment complex.
When Lisa got out of the car, Gatson put a gun to her head and told her to get in the backseat. She did as she was told. Kozlowski placed a knife against Robyn's back and told her to get back into the car, t
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