People v. Gonzales

Joseph Manuel Gonzales appeals a judgment convicting him of kidnapping for robbery (Pen. Code, § 209, subd. (b)). He contends the trial court erred in instructing the jury by using a modified version of CALJIC No. 9.54 pertaining to kidnap for robbery, claiming the modification amounted to a directed verdict on one element of the offense depriving him of his right to a jury determination. As we shall explain, we conclude the trial court’s modification to CALJIC No. 9.54 eliminated an ambiguity and is consistent with Supreme Court precedent construing the necessary elements for the crime of kidnapping to commit robbery under section 209, subdivision (b). Accordingly, we affirm the judgment.

Factual and Procedural Background

On March 24, 1992, at approximately 3:30 a.m., Mhyedin Hajibille, a Silver Cab Company driver, received a call to go to the 4400 block of Louisiana Street in North Park. Upon arriving, he saw two men, later identified as George Color and Gonzales. Color waved at Hajibille, who pulled up, and Color attempted to get into the front seat. Hajibille told him to ride in the back at which time Color and Gonzales got into the rear passenger seat. When…