If the evidence is insufficient to support the conviction for kidnapping for purposes of robbery, does the Attorney General have authority to reduce the conviction to a lesser included crime of false imprisonment?

California, United States of America


The following excerpt is from People v. Hayes, B277263 (Cal. App. 2017):

The Attorney General alternatively asserts that if the evidence is insufficient to support the conviction for kidnapping for purposes of robbery, this court should reduce the conviction to the lesser included offense of felony false imprisonment. (People v. Enriquez (1967) 65 Cal.2d 746, 749 ["When the record reveals that the defendant cannot be held for the crimes for which he was convicted and sentenced but that he may properly be convicted of the crime charged but of a lesser degree or of a lesser included offense, this court has authority to reduce the judgment accordingly"]; 1260.) Defendant did not argue against this result in his reply brief or at oral argument.

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