James

People v. James

Bad Law
148 Cal. App. 4th 446·2007 Cal. App. LEXIS 321·2007 Daily Journal DAR 3243·55 Cal. Rptr. 3d 767·2007 Cal. Daily Op. Serv. 2567
Court of Appeal of CaliforniaMarch 8, 2007B185745California4,821 words

Opinion

Opinion

Croskey, J.

Defendant and appellant Gregory Wayne James, along with several associates, robbed the Bingo Club of more than $60,000 one Sunday morning before the Bingo Club had opened for business that day. Defendant and his associates gained entry to the Bingo Club by pointing a gun at the head of a maintenance worker who was outside, hosing down the parking lot. At gunpoint, the worker was forced to knock on the door and identify himself. When fellow employees opened the door for him, the robbers entered. The robbers forced all employees, including the maintenance worker, to lie on the floor, while they led the Bingo Club’s managers to the safes, where they obtained the money. Defendant was convicted of kidnapping for robbery with respect to the maintenance worker, and several counts of robbery. Defendant appeals his conviction, challenging only the count of kidnapping for robbery. Defendant contends the forced movement of the maintenance worker, at gunpoint, from outside the Bingo Club to its interior, is insufficient to establish the asportation element of aggravated kidnapping. We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On Sunday, December 15, 2002, defendant and…

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