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People v. Newman

California Court of Appeals, Second District, Eighth Division

September 19, 2019

THE PEOPLE, Plaintiff and Respondent,
v.
ANDREW NEWMAN, Defendant and Appellant.

          Order Filed 9/23/19

          APPEAL from a judgment of the Superior Court of Los Angeles County No. MA070718, Kathleen Blanchard, Judge. Affirmed.

          Eric E. Reynolds, under appointment by the Court of Appeal, for Defendant and Appellant.

          Xavier Becerra, Attorney General of California, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Rene Judkiewicz, Deputy Attorney General, for Plaintiff and Respondent.

         ORDER MODIFYING OPINION

         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].)”

         There is no change in judgment.

          WILEY, J.

         Andrew Newman broke into H’s bedroom, pointed a gun at her, and ordered her into his car. A jury convicted Newman of first degree burglary, assault with a firearm, and kidnapping. Newman makes three arguments: he moved H too short a distance to count as kidnapping; the trial court incorrectly instructed the jury; and we should strike assessments in light of People v. ...


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