Salazar

People v. Salazar

Good Law
1995 Cal. App. LEXIS 300·33 Cal. App. 4th 341·39 Cal. Rptr. 2d 337·95 Daily Journal DAR 3727·95 Cal. Daily Op. Serv. 2197
Court of Appeal of CaliforniaMarch 23, 1995D019961California2,684 words

Opinion

Opinion

Haller, J.

A jury convicted Fernando Salazar of two crimes against Maria G.: (1) kidnapping for sexual purposes (Pen. Code, § 208, subd. (d)) and (2) assault with intent to commit rape (§ 220). With respect to the assault count, the jury found true an allegation that Salazar kidnapped Maria for the purpose of committing the sexual offense. (§ 667.8, subd. (a).)

The jury also convicted Salazar of five unrelated counts involving kidnapping and sexual offenses against two additional victims. The court imposed a total prison term of 20 years and 4 months and a consecutive indeterminate life term.

Salazar appeals, contending (1) the evidence of asportation was insufficient to support a conviction for kidnapping with the intent to commit rape; (2) the court erred in awarding a $5,000 restitution fine; and (3) the abstract of judgment should be modified to reflect the sentence imposed by the court. For the reasons explained below, we reject the first two contentions and agree with the third. Accordingly, we affirm the judgment, with instructions to modify the abstract of judgment.

Facts

Maria was returning with her family from Tijuana, Mexico to their home in Mentone, California.…

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