Ruling by
John Shepard Wiley Jr.Lower Court
Los Angeles County Superior CourtLower Court Judge
Kathleen BlanchardA distance as short as 190 feet satisfies the asportation element of the crime of kidnapping.
Court
California Courts of Appeal 2DCA/8Cite as
2019 DJDAR 9259Published
Sep. 25, 2019Filing Date
Sep. 23, 2019Opinion Type
ModificationDisposition Type
AffirmedTHE PEOPLE,
Plaintiff and Respondent,
v.
ANDREW NEWMAN,
Defendant and Appellant.
No. B291412
(Los Angeles County
Super. Ct. No. MA070718)
California Courts of Appeal
Second Appellate District
Division Eight
Filed September 23, 2019
THE COURT:
The opinion filed on September 19, 2019, in the above-entitled matter is modified as follows:
On page 2, first paragraph, delete the last sentence: "Statutory references are to the Penal Code."
On page 4, first paragraph, change the People v. Martinez citation after the first sentence to: "(People v. Martinez (1999) 20 Cal.4th 225, 235 (Martinez), overruled on other grounds in People v. Fontenot (Aug. 26, 2019, S247044) ___Cal.5th___ [2019 Cal. Lexis 6238].)"
On page 5, delete all three paragraphs under Section III. Replace with the following paragraph under Section III:
"The trial court had no duty to give an attempted kidnapping instruction because, contrary to Newman's argument, attempted kidnapping is not a lesser included offense of completed kidnapping. (People v. Fontenot, supra, ___Cal.5th___ [2019 Cal. Lexis 6238] [p. 24].)"
There is no change in judgment.
BIGELOW, P.J.
GRIMES, J
WILEY, J.
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