Aguilar

Certified for Partial Publication. [*]

Defendant forcibly moved his intended rape victim 133 feet at night into an unlit area where he was less likely to be detected. Such movement is not merely incidental to the crime of kidnapping to commit rape. It also increases the risk of harm to the victim and supports a conviction of aggravated kidnapping.

Sergio Barrera Aguilar appeals a judgment after conviction of kidnapping to commit rape and sexual penetration (Pen. Code, § 209, subd. (b)(1), [1] count one), with a finding that he used a deadly weapon (§ 12022.3, subd. (a)), among other things.

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The jury made additional special findings that Aguilar personally used a knife, that he inflicted great bodily injury and that "the movement of the victim in the course of the kidnapping substantially increased the risk of harm to her." (§ 667.61, subds.(c)(5), (d)(2).)

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We conclude, among other things, substantial evidence supports: 1) the conviction for aggravated kidnapping, and 2) the finding that Aguilar substantially increased the victim's risk of harm by moving her.

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Aguilar followed Nancy C., age 16, as she walked her dog down a…