California Court of Appeal

Conviction and sentence for kidnapping for purposes of a sexual offense, forcible rape, forcible oral copulation, and extortion is affirmed where: 1) there was sufficient evidence that the movement of the victim was induced by force or fear, and also sufficient evidence that it increased the risk of harm and was more than merely incidental to the underlying offense, to support the convictions of kidnapping for purposes of a sexual offense; and 2) the imposition of unstayed sentences for kidnapping for purposes of a sexual offense as well as for forcible oral copulation did not violate Penal Code section 654.

Appellate Information

• Decided 01/18/2008
• Published 01/18/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Stephen M. Lathrop, under appointment by the Court of Appeal, Rolling Hills Estates, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Pamela Ratner Sobeck, Supervising Deputy Attorney General, and David Delgado-Rucci, Deputy Attorney General, for Plaintiff and Respondent.