People v. Newman

California Court of Appeal Sep 23, 2019 No. B291412MPublished

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Holding. The court held that the evidence was sufficient to support a kidnapping conviction based on the asportation distance and that the trial court had no duty to instruct on attempted kidnapping because it is not a lesser included offense of kidnapping.

Issues

Whether the evidence was sufficient to support the asportation element of kidnapping.
Whether the trial court erred in failing to instruct the jury on attempted kidnapping as a lesser included offense.
Whether the defendant forfeited his challenge to court-imposed fines and fees by failing to object in the trial court.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The trial court had no duty to give an attempted kidnapping instruction because, contrary to Newman’s argument, attempted kidnapping is not a lesser included offense of completed kidnapping.”

“A jury considers all the circumstances to determine whether the kidnapping movement was substantial rather than trivial.”

“Newman forfeited his Dueñas claims.”

Filed 9/23/19 (unmodified opn. attached) CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B291412

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA070718) v. ORDER MODIFYING ANDREW NEWMAN, OPINION

Defendant and Appellant. [No change in judgment]

THE COURT:

The opinion filed on September 19, 2019, in the above- entitled matter is modified as follows:

On page 2, first paragraph, delete the last sentence: “Statutory references are to the Penal Code.”

On page 4, first paragraph, change the People v. Martinez citation after the first sentence to: “(People v. Martinez (1999) 20 Cal.4th 225, 235 (Martinez), overruled on other grounds in People

v. Fontenot (Aug. 26, 2019, S247044) ___Cal.5th___ [2019 Cal. Lexis 6238].)”

On page 5, delete all three paragraphs under Section III. Replace with the following paragraph under Section III: “The trial court had no duty to give an attempted kidnapping instruction because, contrary to Newman’s argument, attempted kidnapping is not a lesser included offense of completed kidnapping. (People v. Fontenot, supra, ___Cal.5th___ [2019 Cal. Lexis 6238] [p. 24].)”

People v. Newman

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B291412

BIGELOW, P.J. GRIMES, J WILEY, J.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

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DIVISION EIGHT

THE PEOPLE, B291412

ANDREW NEWMAN,

WILEY, J.

BIGELOW, P. J.

GRIMES, J.

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