People v. Norrell

In People v. Norrell (1996) 13 Cal.4th 1, the defendants were convicted of kidnapping for robbery and robbery. Pursuant to section 654, the trial court stayed the sentence on the kidnapping for robbery, which was punishable by a life term, and imposed sentence on the robbery, which was punishable by a term of two, three, or five years. ( Norrell, supra, 13 Cal.4th at pp. 4-5.) The majority opinion held the trial court properly exercised its discretion. ( Id. at pp. 5-9.) Justice Arabian, in a concurring and dissenting opinion, pointed out that the Legislature had decreed the punishment for kidnapping for robbery "shall" be life with the possibility of parole ( 209, subd. (b)). (Norrell, at p. 12 (conc. & dis. opn. of Arabian, J.).) Thus, Justice Arabian would have held that the court could not impose a sentence lower than the minimum prescribed by the Legislature. (Ibid.)