Fields
People v. Fields
Opinion
Opinion
Fleming, J.
Defendant appeals the judgment in a nonjury trial that resulted in his conviction for attempted kidnaping. (Pen. Code, §§ 207, 664.) He contends, (1) the evidence was insufficient to establish intent to kidnap and the commission of any act beyond mere prepara tion, and (2) the attempted asportation was purely incidental to the commission of an associated crime.
The evidence, viewed in the light most favorable to the judgment, shows that about 5 p.m. on 4 September 1974 during daylight hours defendant stopped his automobile beside a 13-year-old girl walking alone on a residential street in Bellflower and asked for directions. As she was responding, he grabbed her with both hands by her hair and head and told her to get into his vehicle, saying that if she complied she would not get hurt. When she refused, he threatened to hit her between the eyes. When she said she knew everybody up and down the street and was going to scream, he let her go and drove off. The motor of his vehicle was probably running throughout the incident. Defendant was later traced through his vehicle’s license number, which the girl memorized as he was driving away.