People v. Gallego CA1/1

I. BACKGROUND

Defendant was charged in an information filed November 14, 2011, with one count of kidnapping a child under the age of 14 (Pen. Code, §§ 207, subd. (a)/208, subd. (b)) and one count of first degree residential burglary (Pen. Code, §§ 459/460, subd. (a)), with a special allegation that defendant committed the burglary while a nonparticipant was in the residence (Pen. Code, § 667.5, subd. (c)(21)). Defendant, the grandmother of the four-month-old baby victim, broke into her son’s home and took the victim from her bassinet. For months prior to the kidnapping, she had insisted to her boyfriend and her friends she was pregnant, even throwing herself a baby shower. On the day of the kidnapping, defendant packed diapers, a car seat, and baby clothes into the car of two individuals and paid them a total of $200 to drive her to the victim’s house. Defendant put on latex gloves, disabled the security system, came out of the house running with the victim, and returned to her home. Defendant agreed to submit the matter to court trial on the police reports and the preliminary hearing transcript in exchange for an eight-year maximum sentence. She was found guilty and sentenced to…