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Name: People v. Hill
Case #: S077706
Court: CA Supreme Court
District CalSup
Opinion Date: 07/27/2000
Subsequent History: None

The trial court erred in finding the evidence insufficient to support appellant’s separate conviction for kidnaping as to a seven-month old baby where he was also convicted of the same offense against the baby’s mother. The California Supreme Court held that the taking of the child need not be for an illegal purpose because the taking of the car, which was the main offense, was for an illegal purpose directed not only at the driver, but at any passenger. The court explicitly did not decide whether force or fear had to be shown because when appellant forced the mother and child to go in the car with him, that behavior constituted force and fear which a reasonable jury could have found directed at both. The court also explicitly did not decide whether a person can be guilty of violating the kidnaping statute, Penal Code section 207, as well as the child stealing statute, section 278. Here, appellant did not violate section 278 because there was no evidence that he intended to detain or conceal the baby from her mother. Justice Kennard concurred, finding that for purposes of finding a carjacking as to the baby, the evidence was sufficient if the taking was shown to be against the will of the possessor, which in this case was the mother.