Can kidnapping for purposes of robbery support a second degree murder conviction?

California, United States of America


The following excerpt is from People v. Coleman, 5 Cal.App.4th 646, 7 Cal.Rptr.2d 40 (Cal. App. 1992):

In this case, the jury was instructed that either simple kidnapping or kidnapping for purposes of robbery could support a second degree murder conviction. However, the jury found defendant guilty of kidnapping for purposes of robbery. Thus, we need not decide whether the Pearch court correctly determined that simple kidnapping is an inherently dangerous felony. Rather, we need only be concerned with whether kidnapping for purposes of robbery is an inherently dangerous felony. (Cf. People v. Garrison (1989) 47 Cal.3d 746, 778-779, 254 Cal.Rptr. 257, 765 P.2d 419.)

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