California Court of Appeals, Second District, Eighth Division
from a judgment of the Superior Court of Los Angeles County
No. MA070718, Kathleen Blanchard, Judge. Affirmed.
E. Reynolds, under appointment by the Court of Appeal, for
Defendant and Appellant.
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.
opinion filed on September 19, 2019, in the above-entitled
matter is modified as follows:
2, first paragraph, delete the last sentence:
“Statutory references are to the Penal Code.”
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
5, delete all three paragraphs under Section III. Replace
with the following paragraph under Section III:
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.
is no change in judgment.
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. ...