Does the Attorney General have any grounds to argue that a murder was committed in the commission of a simple kidnapping?
California, United States of America
The following excerpt is from People v. Johnson, 190 Cal.Rptr.3d 536, 353 P.3d 266, 61 Cal.4th 734 (Cal. 2015):
murder was also carried out in the commission of a simple kidnapping. Rather, a rational juror would have found an aggravated kidnapping based on the kidnapping for robbery. Because there was no error concerning the instructions for aggravated kidnapping for purposes of robbery, the Attorney General reasons, the jury's verdict rested on at least one correct legal theory. (People v. Guiton (1993) 4 Cal.4th 1116, 1128, 17 Cal.Rptr.2d 365, 847 P.2d 45.) We disagree.
[190 Cal.Rptr.3d 572]
[61 Cal.4th 773]
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