What is the evidence supporting the jury's implicit finding that moving from the scene of the crime to the victim's location increased the risk of harm to Doe 2?

California, United States of America


The following excerpt is from People v. Rodriguez, A147602 (Cal. App. 2017):

Substantial evidence also supports the jury's implicit finding the movement resulted in an increase in the risk of harm to Doe 2. "Any determination of the increase in the risk of harm involves a comparison of the victim's physical location before and after the asportation." (People v. Salazar, supra, 33 Cal.App.4th at p. 348.) "The second prong . . . includes consideration of such factors as the decreased likelihood of detection, the danger inherent in a victim's foreseeable attempts to escape, and the attacker's enhanced opportunity to commit additional crimes. [Citations.] The fact that these dangers do not in fact materialize does not, of course, mean that the risk of harm was not increased." (People v. Rayford, supra, 9 Cal.4th at pp. 13-14.) The increased risk of

Page 21

Other Questions


Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
In a motion to appeal against a jury's finding that there was no substantial evidence to support the jury's verdict, does the appellate court have any power to substitute the findings of the jury? (California, United States of America)
What is the evidence supporting the finding that there is insufficient evidence to support the findings of the trial court? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
What is the law on unanimity in a criminal case where the evidence of a crime is only a single crime but the evidence supports the theory of the crime? (California, United States of America)
What is the test for leaving the scene of a crime scene where the crime was committed and the accused fled the crime scene? (California, United States of America)
What evidence supports the finding that defendant Lara was not present at the scene of the crime during the commission of crime? (California, United States of America)
Is Defendant's argument that the evidence presented to the jury was insufficient sufficient to support the jury's findings? (California, United States of America)
What is the consequence of a jury finding that the evidence is insufficient to support a finding of probable cause of death? (California, United States of America)
What is the test for a jury to find that there was sufficient evidence to support a finding that defendants would have or should have known that retaliation was likely to occur? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.