People v. Norman

4 Cal.3d 439 (1971) 482 P.2d 661 93 Cal. Rptr. 749 THE PEOPLE, Plaintiff and Respondent,

v.

WELDON WALTER NORMAN, Defendant and Appellant.

Docket No. Crim. 14284. Supreme Court of California. In Bank.

March 24, 1971. [440] COUNSEL

Herbert E. Selwyn, under appointment by the Supreme Court, for Defendand and Appellant.

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

MEMORANDUM CASE

OPINION

THE COURT.

Weldon Walter Norman was found guilty on one count of kidnaping for the purpose of robbery (Pen. Code, § 209), five counts of kidnaping (Pen. Code, § 207), one count of attempted kidnaping (Pen. Code, §§ 207 and 664), six counts of rape (Pen. Code, § 261, subd. 4), one count of attempted rape (Pen. Code, §§ 261, subd. 4, and 664), and two counts of first degree robbery (Pen. Code, § 211). The judgment was affirmed (People v. Norman (1960) 177 Cal. App.2d 59 [1 Cal. Rptr. 699]); we denied a petition for hearing in March 1960, and certiorari was denied in October 1960. In 1969 Norman 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 Court of Appeal denied the application, and we granted a petition for hearing and transferred the application to this court.

In the course of the robbery-rape of which Norman was convicted in count I, he caused his victim to move across the living room and into the bedroom of her house. 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.)[1]