Ojeda-Parra

People v. Ojeda-Parra

Good Law
1992 Cal. App. LEXIS 740·7 Cal. App. 4th 46·8 Cal. Rptr. 2d 634·92 Daily Journal DAR 7788·92 Cal. Daily Op. Serv. 4945
Court of Appeal of CaliforniaJune 10, 1992B053468California1,879 words

Opinion

Opinion

Johnson, J.

Defendant appeals from his conviction of kidnapping under Penal Code section 207, subdivision (a). We affirm.

Facts and Proceedings Below

Brian Taylor, age three, was playing in his yard with his brothers and sisters when defendant drove up to their house. Defendant was a family friend who was well known to Brian and the other children. Brian and one of his older brothers ran over to defendant’s car and they talked for awhile. After the older brother walked away, defendant opened his car door, picked up Brian, put him on the seat and drove away.

Defendant drove to his home and left Brian with his wife, saying he would be back for him in 20 minutes. Defendant’s wife changed and fed Brian and, when defendant did not return, put Brian to sleep with her children. The police arrived between 11 and 12 p.m. that night and picked up Brian. Defendant was arrested the next day.

Defendant’s purpose in taking Brian was the principal issue at trial. Brian’s father testified he was a drug addict and owed defendant $1,200 for drugs. The day before he took Brian, defendant told the father, “If you don’t pay me the money that you owe me, my connection told me either come up here and…

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