What is the range of sentencing under section 667.61 of the California Criminal Code for aggravated kidnapping?

The sentencing allegations under section 667.61, subdivisions (a) and (d)(2), expressly require only that the movement substantially increase the risk of harm, but courts also have interpreted these subdivisions to require more than incidental movement to the underlying crime because substantial movement is inherent in any kidnapping offense involving another crime. (People v. Diaz (2000) 78 Cal.App.4th 243, 246 (Diaz).) Aggravated kidnapping ( 209, subd. (b)) and the sentencing allegations ( 667.61, subds. (a) & (d)(2)) differ in one respect: aggravated kidnapping requires the defendant's movement of the victim increase the risk of harm, but the sentencing

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