Ortiz

Appellant Michael Ortiz was convicted of multiple crimes following his kidnapping for carjacking of Jose Moneada. In this appeal, we clarify that the kidnapping for carjacking statute (Pen. Code, § 209.5) does not require that the movement of the victim “substantially” increase the risk of harm to the victim; it requires only that the movement create a risk of harm greater than that inherent to carjacking. As we explain, the trial court correctly instructed on this point. Accordingly, and rejecting appellant’s other arguments, we affirm. 1

Procedural and Factual Background

Jose Moneada was filling his car at a gas station in Lynwood after dark on November 26, 2000. When he finished, he got into his car. Appellant Michael Ortiz approached Moneada, said he had a gun, and ordered him to move over. Warning Moneada he would kill him if he looked his way or tried “to do anything,” appellant got into the driver’s seat and the two men drove from the gas station.

As they drove, appellant demanded Moneada’s wallet. Fearing appellant would kill him if he resisted, Moneada handed it over. Appellant repeated his earlier threat, telling Moneada, “Don’t do anything, otherwise, I’ll…