People v. Coleman

4 Cal.3d 436 (1971) 482 P.2d 660 93 Cal. Rptr. 748 THE PEOPLE, Plaintiff and Respondent,

v.

ELZIA COLEMAN, Defendant and Appellant.

Docket No. Crim. 14283. Supreme Court of California. In Bank.

March 24, 1971. [437] COUNSEL

Elzia Coleman, in pro. per., and Jack A. Dahlstrum, under appointment by the Supreme Court, Irwin R. Miller and Dahlstrum, Walton & Butts for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas Kallay, Deputy Attorney General, for Plaintiff and Respondent.

MEMORANDUM CASE

OPINION

THE COURT.

Elzia Coleman was found guilty of kidnaping for the purpose of robbery (Pen. Code, § 209) and first degree robbery (Pen. Code, § 211). In 1964 in an unpublished opinion the Court of Appeal, after concluding that the robbery and kidnaping were incident to one objective, reversed the judgment "insofar as it imposes a sentence for robbery" and affirmed it in all other respects. We denied a petition for hearing. In November 1969 Coleman filed an application with the Court of Appeal for recall of the remittitur, presenting the sole contention that his case should be reconsidered in the light of People v. Daniels (1969) 71 Cal.2d 1119 [80 Cal. Rptr. 897, 459 P.2d 225]. The application was denied, and we granted a petition for hearing and transferred the application to this court.

In the course of robbing a retired dentist in his home, Coleman caused him to move through various rooms in search of money. These movements were merely incidental to the robbery and did not substantially increase the risk of harm beyond that inherent in the robbery itself. (People v. Daniels (1969) supra, 71 Cal.2d 1119, 1139.)