Shadden

*167 Opinion

Here we conclude that the movement of a victim nine feet is sufficient to support a conviction for kidnapping to commit rape.

Reno Keith Shadden appeals a judgment after conviction of kidnapping to commit rape (Pen. Code, § 209, subd. (b)(1)), 1 assault with intent to commit rape (§ 220), false imprisonment (§ 236), burglary (§ 459), and second degree robbery (§ 211). The court sentenced him to life with the possibility of parole, plus three years. We conclude that substantial evidence supports the conviction for both robbery and kidnapping to commit rape. We reverse the false imprisonment conviction because it is a necessarily included offense of kidnapping to commit rape, but affirm the judgment in all other respects.

Facts

Shadden entered a video store shortly after 9:00 p.m., and punched store owner Christa M., who was at the front counter. As she stumbled, he grabbed her by the shoulders and dragged her nine feet into a small twelve-by-eight-foot back room. Shadden punched her again, knocking her to the floor and then pushed the door closed with his foot. He continued to hit her, tore her panties off and “straddled” her with his knees on each side of her. He…