Hill

People v. Hill

Bad Law
141 Cal. App. 3d 661·190 Cal. Rptr. 628·1983 Cal. App. LEXIS 1558
Court of Appeal of CaliforniaApril 1, 1983Crim. 13773California2,901 words

Opinion

Opinion

Butler, J.

A jury convicted Joseph Clarence Hill of kidnap for ransom or extortion (Pen. Code, § 209, subd. (a)), burglary (§ 459), attempted robbery (§§ 664 and 211) and kidnap (§ 207), and found he used a firearm in committing each offense. Hill admitted two prior felony convictions within the meaning of section 667.5, subdivision (b).

Hill was sentenced to life with possibility of parole for kidnap for ransom with an additional two years for firearm enhancement and one year for each of the two prior felony convictions to run consecutively. The following terms were merged with the life sentence under section 654: the midterm of two years for burglary and two years for a firearm enhancement, the midterm of two years for attempted robbery and two years for a firearm enhancement and the midterm of four years for simple kidnap and two years for a firearm enhancement.

Hill’s appeal challenges (1) the propriety of his admitting two prior felony convictions, (2) erroneous jury instructions, and (3) sufficiency of the evidence as to the asportation element of kidnap. He contends the offense of kidnap for ransom is unconstitutionally vague. Hill also asserts the prosecutor committed…

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