Robertson
People v. Robertson
Opinion
Lead Opinion
Levy, J.
INTRODUCTION
On October 12, 2009, 1 appellant Roger Wayne Robertson kidnapped and sexually assaulted M.H. (the victim). He was convicted after jury trial of aggravated kidnapping for the purpose of committing rape (count 1), sexual penetration by a foreign object (count 2) and forcible rape (count 3). (Pen. Code, §§ 209, subd. (b)(1), 289, subd. (a)(1), 261, subd. (a)(2).) 2 The jury *971 found true a special finding attached to counts 2 and 3 that appellant kidnapped the victim “in violation of Penal Code Section 207 or 209, pursuant to Penal Code Section 667.61(e)(1)” (special finding No. 2). (§ 667.61, subd. (e)(1).) The jury acquitted appellant of a second forcible rape count and of dissuading a witness from reporting a crime (counts 4 and 5). (§§ 261, subd. (a)(2), 136.1, subd. (b)(1).) The jury found not true a special finding that appellant kidnapped the victim, “and the movement of the victim substantially increased the risk of harm to the victim over and above that level of the risk necessarily inherent in the underlying offense in Penal Code Section 667.61, subdivision (c), pursuant to Penal Code Section 667.61(d)(2)” (special finding No. 1).