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Name: People v. Aguilar
Case #: B163793
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/22/2004
Subsequent History: 8/9/04 rhg. den.; 10/13/04 rev. den.

A defendant who dragged his victim 133 feet to an unlit area in order to rape her without being seen was guilty of aggravated kidnaping. The court held that substantial evidence supported the aggravated kidnaping conviction as well as the jury’s finding that the movement was not incidental and substantially increased the risk of harm to the victim. The court criticized the holding in People v. Hoard (2002) 103 Cal.App.4th 599, in which the Court of Appeal held that moving and tying up two robbery victims a short distance within a building was merely incidental to the robbery, noting that the interpretation of the word “incidental” is dependent upon the particular facts of the case. In this case, moving the victim out of sight substantially increased her risk of harm and made it easier for defendant to commit the rape without detection.