California Court of Appeal

Defendant's convictions for various charges stemming from kidnapping and rape, are affirmed where: 1) the aggravated kidnapping conviction and special finding are supported by substantial evidence, as although section 209(b)(2) requires the People to prove that the movement of the victim was more than incidental and increased the risk of harm above that inherent in the enumerated sexual offense itself, it does not require the People to prove that the movement substantially increased the risk of it; 2) evidence of defendant's prior sexual misconduct was highly probative and was properly admitted under Evidence Code section 1108(a); and 3) the protective order is stricken as no-contact order was not authorized by any statute and was not supported by a factual basis.

Appellate Information

• Decided 08/21/2012
• Published 08/21/2012

Judges

Court

• California Court of Appeal

Counsel