California Court of Appeal

Conviction of simple kidnapping, false imprisonment, assault with a firearm. and domestic violence battery is reversed as to kidnapping where, although false imprisonment is not an associated crime as a matter of law and assault with a firearm is not an associated crime as a matter of fact, the evidence was sufficient to show the relationship between kidnapping and domestic violence battery meets the associated crime test in People v. Bell, therefore the court was required to instruct the jury to consider whether the movement of the victim was merely incidental to the commission of the domestic violence battery, and this failure to instruct was not harmless.

Appellate Information

• Decided 04/28/2015
• Published 04/28/2015

Judges

• Thompson

Court

• California Court of Appeal

Counsel