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Name: People v. Friedman
Case #: B159149
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 08/27/2003
Subsequent History: None

The trial court dismissed all counts in an information filed against defendants charging two counts of murder and kidnap for ransom. Three special circumstances were also charged for murders committed for financial gain, multiple murders, and murders committed during a kidnap. The dismissals were based upon the defendants’ earlier convictions in federal court for violations of the federal Travel Act, which focuses on interstate travel for the purposes of racketeering. The appellate court here reversed the dismissal order. The “acts” spoken of in the state statutes for kidnap and murder are not the same acts complained of in the federal court. The federal prosecution did not require proof the defendants committed kidnap or murder, but only that they traveled in interstate commerce to commit a crime of violence. Therefore, the Travel Act convictions did not bar prosecution for the legally broader charges of kidnap and murder.