California, United States of America
The following excerpt is from People v. Maston, 238 Cal.App.2d 877, 48 Cal.Rptr. 439 (Cal. App. 1965):
The appellants raise the question of whether their conviction under Penal Code section 209 was proper. Appellants claim that any robbery which took place in this case was an accomplished fact before the kidnapping and subsequent rape. [238 Cal.App.2d 883] They claim that if there was not a kidnapping for the purpose of a robbery, a conviction under Penal Code section 209 would be improper. (People v. Houston (1963) 219 Cal.App.2d 187, 33 Cal.Rptr. 26.) Kidnapping with a subsequent rape of the victim is punishable under Penal Code section 207, and the death penalty is not involved as a punishment for violation of Penal Code section 207. Appellants claim that their guilty pleas were based on the condition that the death penalty, possible under Penal Code section 209, not be imposed, and that, therefore, the pleas were entered by mistake.
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