People v. Adame

4 Cal.3d 417 (1971) 482 P.2d 652 93 Cal. Rptr. 740 THE PEOPLE, Plaintiff and Respondent,

v.

EDUARDO ADAME, Defendant and Appellant.

Docket No. Crim. 14235. Supreme Court of California. In Bank.

March 24, 1971. [418] COUNSEL

Peter J. Tamases, under appointment by the Supreme Court, and Tamases & Ress for Defendant and Appellant.

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

MEMORANDUM CASE

OPINION

MOSK, J.

Eduardo Adame and William Lee (who is not a party to the instant matter) were found guilty by a jury on two counts of kidnaping for the purpose of robbery (Pen. Code, § 209) and two counts of first degree robbery (Pen. Code, § 211). The judgment was affirmed in an unpublished opinion in 1967, and we denied a petition for hearing in 1968. In November 1969 Adame 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 "without prejudice to appellant's right to seek appropriate extraordinary relief." We granted a petition for hearing and transferred the application to this court.

In the course of robbing a supermarket, Adame and his companion caused two employees to move from the checkstand and the manager's office to the safe. These movements were merely incidental to the robberies and did not substantially increase the risk of harm beyond that inherent in the robberies themselves. (People v. Daniels (1969) supra, 71 Cal.2d 1119, 1139.)