People v. Mays

California Court of Appeal May 18, 1971 No. Crim. 4238Published

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Holding. The court affirmed the defendants' convictions for kidnaping, forcible oral copulation, and forcible rape, holding that the victim's testimony was credible and that the kidnaping was not merely incidental to the sex crimes because the movement substantially increased the victim's risk of harm.

Issues

Whether the victim's testimony was inherently improbable and legally insufficient to support the convictions.
Whether the movement of the victim was merely incidental to the sex offenses, thereby precluding a kidnaping conviction under the Daniels/Timmons test.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The trial court did not abuse its discretion by believing Sylvia’s testimony.”

“The true test in each case is not mere mileage but whether the movements of the victims ‘substantially increase the risk of harm’ beyond that inherent in the [other crime committed] itself.”

“At least from that point on the kidnaping was not merely incidental to the sex crimes but also constituted a threat to Sylvia’s life.”

Opinion

THE COURT.

Michael Joseph Mays and Benjamin A. Sam appeal their court tried convictions for kidnaping (Pen. Code, § 207), two counts each of forcible oral copulation (Pen. Code, § 288a), and two counts each of forcible rape. (Pen. Code, § 261.3). Execution of sentences for kidnaping were stayed pending appeal, to become permanent upon completion of the sentences for the other crimes which are being served concurrently.

We detail the facts both because defendants contend the victim’s testimony was inherently improbable and because of the warning afforded to the increasing number of young girls who seem to consider hitchhiking an acceptable part of their life style.

After attending a party in the Hillcrest area of San Diego the night of August 17-18, 1969, 21-year-old Sylvia, foolishly hitched a ride between 2 and 3 a.m., intending to go to Ocean Beach to spend the rest of the night with a girl friend. The defendants, Marines stationed at Camp Pendleton, picked up the hitchhiking Sylvia and after a stop for gasoline, drove her to the comer of West Point Loma and Nimitz Boulevard in the Ocean Beach area.

Sylvia gave defendants directions to the freeway, left the car and walked west on West Point Loma Boulevard. After leaving, defendants returned, accosted Sylvia and asked for directions to the freeway. She said she had

[643]

already directed them. Defendant Sam got out of the car, approached Sylvia and voiced an intention to have sexual intercourse with her.

Sam grabbed Sylvia, she kicked, fought and screamed as loudly as she could. Her screams were heard by two residents of the area. Sam hit Sylvia about the face with his fist and forced her into the front seat of the car. Sam continued striking Sylvia because she would not stop- screaming. Sam slammed the car door and Mays drove off with tires squealing. Every time Sylvia made a noise, Sam hit her. She quieted.

Sam pushed Sylvia onto the car’s back seat and ordered her to take off all her clothes, threatening to kill her if she didn’t obey. Sylvia cried and was struck whenever she made a noise. Sylvia took off her clothing.

People v. Mays

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THE COURT.

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