People v. Morrison

4 Cal.3d 442 (1971) 482 P.2d 663 93 Cal. Rptr. 751 THE PEOPLE, Plaintiff and Respondent,

v.

JAMES MORRISON, Defendant and Appellant.

Docket No. Crim. 14338. Supreme Court of California. In Bank.

March 24, 1971. [443] COUNSEL

James Morrison, in pro. per., and Paul M. Posner, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, and Thomas Kallay, Deputy Attorney General, for Plaintiff and Respondent.

MEMORANDUM CASE

OPINION

THE COURT.

James Morrison was found guilty of kidnaping for the purpose of robbery (Pen. Code, § 209) and two counts of first degree robbery (Pen. Code, § 211). In 1964 the Court of Appeal affirmed the judgment generally, but modified it to provide that "No sentence is pronounced" on one of the robbery counts because of the prohibition against double punishment (Pen. Code, § 654). (People v. Morrison (1964) 228 Cal. App.2d 707 [39 Cal. Rptr. 874].) We denied a petition for hearing. In 1969 Morrison filed an application with the Court of Appeal for recall of the remittitur, contending 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].[1] The application was denied, and we granted a petition for hearing and transferred the application to this court.

In the course of robbing one person in the confines of a private residence, Morrison caused her to move up and down the stairs and into various rooms. 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.)