People v. Suniga

BARNARD, P. J. The defendant was charged with the crime of kidnapping, in violation of section 209 of the Penal Code; in a second count with the crime of rape; and in a third count with the crime of robbery. He was also charged with a prior conviction. His motion for a change of venue was denied, and he pleaded not guilty as to each count of the information and admitted the prior conviction. A jury found him guilty of kidnapping for the purpose of robbery as charged in the first count, recommending imprisonment for life without possibility of parole, and found him guilty on the second count. Judgment was entered accordingly, with the provision that the sentence on Count II should run concurrently with that on Count I. The defendant has appealed from the judgment and from the order denying his motion for a new trial.

Except as hereafter noted, no contention is made that the evidence is insufficient to support the verdict. On the evening of January 5, 1954, the victim parked her car on the A and P Lot in El Centro. She then took her two children, aged 16 months and about 3 years, and went across an alley to the rear door of a doctor’s office. She then went to a nearby drugstore to have a prescription filled. Shortly before 6 p. m. she returned to her car for the purpose of going home. She opened the left front door, put the children over on the right side of the front seat, and got into the front seat behind the wheel. Before she could close the door the defendant appeared and held the door open. He ordered her to move over, and got into the car beside her. When she asked him what he wanted he replied “I want money.” She was carrying a square purse with her wallet inside of it. The defendant took the purse from her, opened it, took out the wallet, looked hastily through it, and then put the wallet in his pocket and the purse on the floor between his feet. While this was taking place the defendant was holding a piece of glass at her throat, saying he would cut her throat if she did not do as he said. The defendant then drove the car out into the country and parked on a lonely road. He then raped the woman again threatening to kill her.

The defendant then drove a considerable distance over various country roads and finally stopped the car near a [740]ditch bank. He got out of the car, saying he had to urinate, and disappeared. He took the ignition keys with him and also took the victim’s purse which had been resting between his feet. He returned five minutes later and drove on. When he arrived in the outskirts of El Centro he stopped the car and got out. Before leaving he opened the victim’s wallet, took all the money from it, and then wiped both the wallet and purse and returned them to the victim. The victim testified that she only had 16 cents in the wallet, but the defendant later told officers that he did not remember where he took the money from the purse, did not know how much he took, did not remember whether it was as much as $2.00 and that he just took this money and put it with other money in his pocket. The victim then drove home, and her husband immediately reported the matter to the police department.