Serrano

We affirm the judgment convicting defendant Raul Serrano of numerous crimes, including kidnapping for ransom. In the published part of this opinion, we uphold the provision increasing the punishment for kidnapping when the victim is intentionally confined in a manner exposing her to a substantial likelihood of death, and reject defendant’s claim that the trial court erred in rejecting defense evidence of a good faith claim of right to the ransom demanded.

Background

While on her way to work about 7:30 a.m., Zoraida Noriega was kidnapped at gunpoint by John Laponte, who forced her to drive to a motel. Laponte told Noriega defendant had sent him to kidnap her. The two were admitted to the room by a woman to whom Laponte gave Noriega’s car keys. The woman left. Laponte tied Noriega up. Sometime later, when Noriega complained, Laponte untied her.

Defendant and Noriega are cousins. Noriega’s mother and stepfather are defendant’s godparents, who tired of defendant’s habit of asking for money, a habit which caused a falling out.

About two hours after the abduction, defendant showed up in the motel room. He told Noriega he intended to ask her family for $50,000 ransom. He…