Salazar

This is an appeal from a judgment sentencing defendant to state prison for the middle term of five years after a jury found him guilty of kidnaping (Pen. Code, §§ 207, 208). Defendant contends the trial court committed prejudicial error when it instructed on “flight”; that the act committed does not fall within the statutory definition of kidnaping; and that the court failed to state adequate reasons for denying probation. Our analysis of the above contentions causes us to affirm the conviction but remand the matter for resentencing.

On June 3, 1979, between 2:30 and 3 a.m., Mrs. Mary Machado stopped her two-door 1971 Datsun in the parking lot of Marshall’s Grocery Store in Aromas, California. Mrs. Machado, who lived three- quarters of a mile from the store, had just had a fight with her husband and had decided to take her five-month-old baby to her mother’s home in Watsonville. The baby was beside her in the vehicle when she stopped in the parking lot to dry her tears. The car windows were rolled up, and the doors, although unlocked, were closed. It was dark, but there were street lights in the area bright enough to illuminate the inside.

As Mrs. Machado was sitting in…