People v. Hunter

4 Cal.3d 432 (1971) 482 P.2d 658 93 Cal. Rptr. 746 THE PEOPLE, Plaintiff and Respondent,

v.

ROBERT HUNTER, Defendant and Appellant.

Docket No. Crim. 14160. Supreme Court of California. In Bank.

March 24, 1971. [433] COUNSEL

Caryl Warner for Defendant and Appellant.

Thomas C. Lynch, Attorney General, and Howard J. Schwab, Deputy Attorney General, for Plaintiff and Respondent.

MEMORANDUM CASE

OPINION

THE COURT.

Robert Hunter was found guilty by a jury on one count of kidnaping for the purpose of robbery (Pen. Code, § 209) and three counts of robbery (Pen. Code, § 211). In 1964 in an unpublished opinion by the Court of Appeal the judgment was affirmed; the sentence imposed on one of the robbery counts was set aside as double punishment under Penal Code section 654, but the conviction on that count was upheld. Later in 1964 this court denied a petition for hearing. In 1969 Hunter's attorney filed an application with the Court of Appeal for recall of the remittitur or habeas corpus, contending in part that the appeal 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 he petitioned this court for a hearing. We denied further review of the petition for habeas corpus, but granted the petition for hearing with respect to the application to recall the remittitur and transferred the matter to this court.

In the course of robbing three persons in a private residence, Hunter and his companions caused them to move through various rooms in search of valuables. 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.)