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Name: People v. Shadden
Case #: B147302
District 2 DCA
Division: 6
Opinion Date: 10/25/2001
Subsequent History: Rev. denied 1/16/02.
Summary

The movement of the victim from the front counter of a video store to a back room nine feet away was sufficient to sustain a conviction for kidnapping to commit rape. The movement was not simply incidental to the rape, and it increased the risk of harm above that necessarily present in the rape. Here the defendant moved the victim out of public view and closed the door, increasing the risk of harm.