People v. Reeves

WOOD (Parker), Acting P. J.

On October 19, 1950, in a trial by jury, defendant was found guilty of felonies as alleged in seven counts of an indictment. The alleged felonies

[451]

were: kidnaping (Counts I and VIII); rape (Count II); robbery (Count III); kidnaping for the purpose of robbery (Count IV); violation of section 503 of the Vehicle Code (unlawful taking of vehicle, Count VI); and violation of 288a of the Penal Code (Count VII). As to Count IV the jury also found that bodily injury had been inflicted upon the victim and recommended punishment by imprisonment for life without parole. It also found, as charged in the indictment, that defendant was armed at the times he committed the offenses charged in Counts I, II, III and IV. Defendant admitted allegations of the indictment that he had been convicted previously of two felonies (robbery). He was sentenced to the state prison for the term prescribed by law as to each count except Count IV. As to Count IV he was sentenced to the state prison for life without possibility of parole. There was no motion for a new trial and no appeal from the judgments. About four years later, in August, 1954, defendant, in propria persona, filed with the clerk of the superior court a document in which he stated that he “now moves this Court” to annul the “Illegal Portion of the Judgment, and objects to the Court imposing sentence” under said counts except Count VI. It will be assumed that defendant, in using the words “the Judgment,” intended to refer to all the judgments, except the judgment on Count VI. On August 23, 1954, the motion was denied. Defendant appeals from the order denying the motion.

Appellant’s motion to vacate the judgment was made upon the following grounds: (1) the robbery alleged in Count III and the kidnaping for the purpose of robbery alleged in Count IV constitute a single offense. (2) Section 209 of the Penal Code (prescribing punishment for kidnaping) is unconstitutional in that: it contains “subjects which are not expressed in its title”; it is not capable of being understood by an ordinary person; it has been “given” an absurd interpretation ; it deprives defendant of his liberty without due process of law, and it permits the district attorney to charge two offenses “for” the same offense; it violates the provisions of the state Constitution that no class of citizens shall be granted privileges or immunities which are not granted to all citizens; and it places a discretionary power in the district attorney. (3) Since it was not alleged in the indictment that the victim suffered bodily harm, the finding of the jury that he suffered bodily harm rendered the verdict illegal. (4) Statements of the district attorney, during the trial and in