People v. Bell

A jury convicted defendant Rodney Bell of evading a police officer while driving recklessly, as well as kidnapping and other offenses. On appeal, he challenges his kidnapping conviction, alleging jury instructional error. We agree with defendant that the court failed to give the jury complete instructions on simple kidnapping and therefore his kidnapping conviction must be reversed. In doing so, we also find fault with the wording of CALCRIM No. 1215, because it fails to capture accurately the holding of People v. Martinez (1999) 20 Cal.4th 225 [ 83 Cal.Rptr.2d 533 , 973 P.2d 512 ] (Martinez).

FACTS

Ama Jennings was married to defendant for about four and one half years. Their relationship ended in late 2006.

On March 8, 2007, Jennings arranged to meet defendant at 1:00 p.m. at her workplace on Amerige Avenue in Fullerton, to repay him some money she owed him. Jennings suggested to the Signal Hill police that defendant, who was on parole, could be arrested that day near her office. The Signal Hill Police Department notified the Fullerton Police Department that a parolee with “an outstanding parole violation warrant” and who was “possibly armed” would be coming to…