People v. Fisch CA3

FACTS

During the early morning hours of November 29, 2010, defendant picked up a hitchhiker at a gas station in Redding. He stopped at the station to get gas before his graveyard shift at the Record Searchlight, a newspaper in Redding. That morning, he

The jury acquitted defendant of assault with intent to commit rape, kidnapping with intent to commit rape, simple kidnapping, attempted simple kidnapping, and annoying or molesting a child. Undesignated statutory references are to the Penal Code.

2 was required to deliver newspapers to Burney, a small town east of Redding along Highway 299. The hitchhiker, S., was a 17-year-old girl who was looking for a ride to Marysville. She was in Redding visiting a friend, but her ride returned to Marysville without her the day before. Defendant offered to drive her as far as Chico, which S. accepted. When she got in the car, defendant said he “had to go do something for a friend” and drove to the Record Searchlight, where he picked up a box of newspapers. On the way to the newspaper building, S. asked defendant whether he had a wife and kids. He said that he did, which made S. feel more comfortable. Defendant then asked S. how…