Can a defendant convicted of attempted murder be punished for kidnapping that was incidental to the crime?
California, United States of America
The following excerpt is from People v. Francis, A127615 (Cal. App. 2011):
(1960) 55 Cal.2d 11, 20 [defendant convicted of attempted murder could not be punished for arson where arson was means by which murder was attempted]; People v. Jaquette (1967) 253 Cal.App.2d 38, 49 [no separate punishment for kidnapping that was incidental to rape].) We disagree.
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