Ellis

INTRODUCTION

Steven Ellis appeals from his judgment of conviction of kidnapping, attempted kidnapping, dissuading a witness from reporting a crime, and making criminal threats. Among other arguments, Ellis contends his kidnapping conviction must be reversed because the evidence was insufficient to establish that he moved the victim a substantial distance. Based on the totality of the circumstances, we conclude that there was no substantial evidence supporting the asportation element of the kidnapping offense. We accordingly reverse Ellis’s conviction for kidnapping, reduce the conviction on that count to the lesser included offense of felony false imprisonment, and remand for a full resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

I. Charging information

In an amended information, Ellis was charged with the attempted kidnapping of Blanca C. (Blanca) (Pen. Code 1 §§ 664, 207, subd. (a)); count 1), the kidnapping of Yasmin M. (Yasmin) (§ 207, subd. (a); count 2), dissuading a witness, Jessica H. (Jessica), from reporting a crime (§ 136.1, subd. (b)(1); count 3), criminal threats against Blanca (§ 422, subd. (a); count 4), and criminal threats against Jessica (§ 422, subd.…