Cheffen

This is an appeal from a judgment of conviction following a jury verdict finding defendant guilty of two counts of robbery in the first degree, two counts of kidnaping for the purpose of robbery and one count of burglary, and finding him armed at the time of the commission of these offenses. Defendant was sentenced to the state prison for life, with possibility of parole, on each of the kidnaping counts, to run concurrently with each other. No sentence was imposed with respect to the remaining felonies. The sole contention raised by defendant is that there was insufficient asportation of the robbery victims to constitute kidnaping for the purpose of robbery under Penal Code section 209.

In the recent case of People v. Daniels, 71 Cal.2d 1119, 1139 [ 80 Cal.Rptr. 897 , 459 P.2d 225 ], the Supreme Court held that movements of a victim that are merely incidental to the commission of a robbery and do not substantially increase the risk of harm over and above that necessarily present in the crime of robbery do not constitute kidnaping. In that case brief movements which the defendants compelled their victims to perform inside the premises in which the defendants found them,…