Kidnapping conviction upheld, finding the movement of employees from the front of the store to a room in the back was “more than a slight or trivial distance.” The Court of Appeal also found the movement “increased the risk of physical or psychological harm to the person beyond that necessarily present in the robbery.” The Court disagrees with People v. Hall (Sept. 6, 2024, G062749) [kidnapping conviction in a home invasion robbery reversed as the movement of the victim up and down stairs was not substantial.]  The Court finds error in the imposition of an out on bail enhancements (PC 12022.1(b)) when no conviction of underlying offense was shown.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/B325796.PDF