Shelburne

Defendant Shelburne has appealed following his conviction of kidnaping for purposes of robbery (Pen. Code, § 209), robbery (Pen. Code, § 211), and assault with a deadly weapon (Pen. Code, § 245, subd. (a)).

We have concluded that the evidence was insufficient to establish that defendant entertained an intent to rob his victim at the time of the original asportation. Hence, we reverse his conviction of kidnaping for purposes of robbery. It is therefore unnecessary to reach the following three contentions raised by defendant: (1) that the prosecutor’s conduct in amending the information to charge a violation of Penal Code section 209, rather than section 207, violated defendant’s right to due process; (2) that there was insufficient evidence that the movement of the victim substantially increased the risk of harm to him over and above that likely in the crime of robbery itself; and (3) that the court abused its discretion in sentencing defendant to life in prison.

We reach and resolve the assertions of defendant Shelburne that there was insufficient evidence of an intent on his part to rob at the time of the victim’s kidnaping, and that he was denied competent…