What is the test for determining whether a victim's movement is incidental to the underlying crime?

To determine whether a victim's movement is incidental to the underlying crime, we consider the scope and nature of the movement, including the actual distance the victim is moved. (People v. Rayford (1994) 9 Cal.4th 1, 12.) There is no minimum number of feet a victim must be moved. (Ibid.) When deciding whether the movement subjects the victim to a substantial increase in risk of harm above and beyond that inherent in robbery, we consider "such factors as the decreased likelihood of detection, the danger inherent in a victim's foreseeable attempts to escape, and

Page 25

the attacker's enhanced opportunity to commit additional crimes." (Id. at p. 13.) "[E]ach case must be considered in the context of the totality of its circumstances." (People v. Dominguez (2006) 39 Cal.4th 1141, 1152.)