California Court of Appeal

Conviction of defendant for kidnapping for ransom for his role in handling two illegal aliens smuggled into the United States, and sentence of concurrent term of life in prison with the possibility of parole is is reversed and remanded where: 1) CALCRIM No. 1202 on kidnapping for ransom is incomplete because it fails to inform the jury of the people's burden to prove that the victim did not consent to being confined and that the defendant did not actually and reasonably believe the victim consented; 2) the court erred by failing to charge the jury sua sponte on the foregoing elements of kidnapping for ransom; 3) the court erred by failing to instruct the jury on the corresponding defenses requested by defendants; and 4) the court erred by improperly answering a question asked by the jury during its deliberations.

Appellate Information

• Decided 08/19/2010
• Published 08/19/2010

Judges

• IKOLA

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• George L. Schraer, Edmund G. Brown, Jr