Ruling by
Kathleen E. O'LearyLower Court
Santa Clara County Superior CourtLower Court Judge
Kurt E. KumliTrial court's mash-up of CALCRIM Nos. 1201 and 1203 to include deception, while removing force or threat of force element for kidnapping, was an erroneous statement of the law.
Court
California Courts of Appeal 4DCA/3Cite as
2021 DJDAR 12526Published
Dec. 9, 2021Filing Date
Nov. 30, 2021Opinion Type
ModificationDisposition Type
Affirmed (in part)Case Fully Briefed
Jan. 19, 2021Oral Argument
May 20, 2021THE PEOPLE,
Plaintiff and Respondent,
v.
RODNEY TAUREAN LEWIS,
Defendant and Appellant.
No. G060049
(Super. Ct. No. B1366626)
California Courts of Appeal
Fourth Appellate District
Division Three
Filed November 30, 2021
ORDER MODIFYING OPINION;
NO CHANGE IN JUDGMENT
It is ordered that the opinion filed on November 29, 2021, be modified in the following particulars:
1. On page 2 of the majority opinion, FACTS section, first paragraph, the first sentence is deleted and replaced with the following:
"After a romantic dinner at home, Suzanne Doe (Doe)1 went to a bar with her boyfriend, D. Lopez."
2. On page 1 of the concurrence and dissent, FACTS section, first paragraph, the second sentence, remove "Diego" and replace with "D.".
3. On page 10, footnote 7 of the concurrence and dissent, replace "CALJIC" with "CALCRIM".
4. On page 18 of the concurrence and dissent, replace "CALJIC" with "CALCRIM".
This modification does not effect a change in judgment.
O'LEARY, P. J.
WE CONCUR:
BEDSWORTH, J.
GOETHALS, J.
1 The record does not reveal the victim's full name. Before trial, the parties agreed to refer to her as Suzanne Doe, or Doe. Because the parties below, and on appeal, refer to her as Suzanne Doe, we will continue to do so.
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