People v. C.D.D. CA4/2

STATEMENT OF THE CASE

Appellant is charged with possession of methamphetamine (Health & Saf. Code,

§ 11377, subd. (a)), obstruction of a peace officer (§ 148, subd. (a)(1)), and attempted

kidnapping (§§ 664/207, subd. (b).)2 As competency proceedings were held prior to a

preliminary hearing, the only information concerning the kidnapping offense is derived

from the police report as filtered through the written opinion and testimony of Dr. Harvey

Oshrin, one of the forensic examiners. In brief, a mother and her five-year-old daughter

walked past defendant as he was lying on the grass. Defendant held out a $5 bill to the

child asking her to “go somewhere with him” or “Come back without your mom and you

can have the money.”

There is no other evidence concerning defendant’s current or previous behavior

with respect to violence or sexual misconduct. The complaint alleged two prior prison

term convictions within the meaning of section 667.5, but neither involved violence; one

1 All subsequent statutory references are to the Penal Code unless otherwise specified.

That subdivision describes the act of one who “for the purpose of committing any act defined in Section 288,…