another life kidnapping sentence reversed for insuff evid of substantial movement

17 Jan

Share This:

LOVELY.  Insufficient evidence of kidnapping for robbery where Ds moved victims 50ish feet in the same store they robbed.  They did move them from the front of the store to the back but that was not enough.  Recall there was another good one of these recently in a sex case.  Also in this opinion: a few findings of harmless prosecutorial misconduct.  The judge was so annoying in this case doing that thing where he interjected to ask the witnesses questions.  They said this was fine.  They did rule that there was an error from admitting hearsay, which was testimony from a cop that CW id’d defendants from a voice exemplar, when she was previously unable to differentiate between the defendants from a photo line up.  So there’s that.  Also a bunch of their prison terms were stayed per 654. And, they vacated a restitution order under the doctrine that you can’t be ordered to pay restitution for dismissed/acquitted conduct.  Keep in mind, though, that applies only when D isn’t sentenced to probation.  Just like that you’re no longer serving life.

Comments are closed.