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Name: People v. James
Case #: B185745
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 03/08/2007

A defendant can be convicted of Penal Code sec. 209 [kidnapping for robbery] if the kidnapping and the intended robbery involve different victims. The asportation element of kidnapping for robbery is defined in subdivision (b)(2) of the statute and requires movement of the victim beyond that incidental to the robbery and increases the risk of harm beyond that of the robbery. Here, the victim was outside the Bingo Club hosing down the parking lot when defendant and other armed men accosted him and forced him to the locked door. When he knocked and identified himself, the employees inside recognized his voice and allowed him entry. He and some of the employees were forced to the floor and held there while another employee was forced to turn over the money. The movement from the lot into the Club and detention inside was sufficient to meet the two requirements of asportation.