Corcoran

People v. Corcoran

Good Law
143 Cal. App. 4th 272·2006 Cal. App. LEXIS 1501·2006 Daily Journal DAR 12953·48 Cal. Rptr. 3d 851·2006 Cal. Daily Op. Serv. 9055
Court of Appeal of CaliforniaSeptember 22, 2006B180779California2,842 words

Opinion

Opinion

Willhite, J.

Defendant and appellant Tyler Corcoran appeals from a judgment imposing a determinate term of 32 years in state prison plus two consecutive indeterminate life terms, each with a 1'0-year enhancement for personal use of a gun, after a jury found him guilty of robbery, attempted robbery, simple and aggravated kidnapping, dissuading a witness, and false imprisonment. He contends on appeal that (1) the trial court erred by denying his motion to suppress; (2) there was insufficient evidence to establish kidnapping; and (3) there was insufficient evidence to establish a violation of Penal Code section 136.1, subdivision (c)(1) (dissuading a witness). In the published portion of this opinion, we hold that there was substantial evidence showing both that the movement of the kidnapping victims was not merely incidental to the attempted robbery and that the movement substantially increased the risk of harm to the victims. Therefore, there was sufficient evidence to sustain the kidnapping convictions. In the unpublished portion of the opinion, we find no merit to his other contentions. Accordingly, the judgment is affirmed.

BACKGROUND

On the morning of January 11, 2003, five…

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