California, United States of America
The following excerpt is from Sanchez v. Superior Court of Humboldt Cnty., A146118 (Cal. App. 2015):
Applying these principles here, we conclude that the evidence at the preliminary hearing sufficiently establishes a rational ground to assume the possibility petitioner committed the offenses charged in count 5 (stalking), count 6 (attempted kidnapping) and count 7 (residential burglary). As to count 5, "[t]he elements of the crime of stalking ( 646.9) are (1) repeatedly following or harassing another person, and (2) making a credible threat (3) with the intent to place that person in reasonable fear of death or great bodily injury. [Citation.]" (People v. Ewing (1999) 76 Cal.App.4th 199, 210.) Drawing every legitimate inference from the evidence in favor of the information, we conclude petitioner's course of conduct from the incident at the Holiday Inn in November 2009 through the events of March 24, 2010, at Doe's grandparents' home provides a rational ground to assume the possibility that petitioner harassed Doe and made credible threats with the intent to incite a reasonable fear of great bodily injury.
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As to count 6, the elements of kidnapping are " '(1) a person was unlawfully moved by the use of physical force or fear; (2) the movement was without the person's consent; and (3) the movement of the person was for a substantial distance.' [Citation.]" (People v. Bell (2009) 179 Cal.App.4th 428, 435.) An attempted kidnapping is established if the People demonstrate " 'a specific intent to commit the crime, and a direct but ineffectual act done toward its commission.' " (People v. Toledo (2001) 26 Cal.4th 221, 229.) Again, drawing every legitimate inference from the evidence in favor of the information, we conclude petitioner's conduct on March 24, 2010, when he forced his way into Doe's stepgrandfather's residence to reach her, provides some rational ground to assume the possibility that petitioner intended to kidnap Doe. And, as petitioner acknowledges, if there is sufficient evidence to go forward on the charge of attempted kidnapping, there is necessarily sufficient evidence to go forward on count 7 (residential burglary).
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