Does a conviction for kidnapping for the purpose of robbery support a conviction under section 654 of the California Criminal Code for moving a robbery victim a distance beyond the intended location?

California, United States of America


The following excerpt is from People v. Vasquez, E054991 (Cal. App. 2013):

6. Moving a robbery victim a distance "beyond that merely incidental to the commission of, and [which] increases the risk of harm to the victim over and above that necessarily present in, the intended underlying offense" supports a conviction for kidnapping for robbery. ( 209, subd. (b)(2).) However, section 654 precludes imposition of separate sentences for kidnapping for robbery and for the same robbery. (People v. Beamon, supra, 8 Cal.3d at pp. 639-640.) The Attorney General does not explain why false imprisonment to facilitate a robbery should be treated differently under section 654 than kidnapping for the purpose of robbery.

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