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People v. Takencareof

119 Cal. App. 3d 492 (1981)

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People v. Takencareof

California Court of Appeal

119 Cal. App. 3d 492 (1981)

Facts

Kenny Takencareof and Jeffrey Blomdahl (defendants) were each charged with two counts of burglary and one count of arson for three alleged entries into the same office building on the same night. The building was entered twice for larceny purposes, but the items stolen had little value. The building was then allegedly entered a third time and was burned to destroy fingerprints, causing at least $275,000 of damage and great business inconveniences to the building’s tenants. Takencareof and Blomdahl were two of several people involved in the entries. During trial, Takencareof pleaded guilty to the first burglary, and the jury acquitted him of the other two charges. The jury convicted Blomdahl of the first burglary, but because the jury was unable to agree on the other two counts, the court declared a mistrial on the other two counts against Blomdahl and then dismissed them in the interest of justice. During Takencareof’s sentencing hearing, the trial court denied probation because the offense involved multiple victims, substantial financial losses, and disruption of lives. Because the burglaries did not cause substantial damage, the trial court apparently considered the arson charge in its sentencing, but the court did not explain why it disregarded the jury’s acquittal of Takencareof’s arson charge. Takencareof was a first-time offender at the time of the sentencing hearing. Takencareof and Blomdahl appealed, and, among other issues, Takencareof challenged the court’s sentence.

Rule of Law

Issue

Holding and Reasoning (Andreen, J.)

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