Alvarez

While on patrol in his official capacity as a police officer in West Sacramento, defendant Sergio Alvarez induced five women he encountered to provide him sexual favors, often to avoid being taken to jail. A jury convicted defendant of multiple counts of aggravated kidnapping, oral copulation under threat of authority and by duress, and rape under threat of authority and by duress. The jury also sustained kidnapping, residential burglary, and multiple victim sentencing enhancements. He now appeals, asserting there is insufficient evidence to support a number of his convictions, and the trial court made various instructional and sentencing errors. In the published portion of the opinion (pts. 1.1, 1.1.1, 1.1.2, 1.1.3, and 1.1.5 of the Discussion, post) we address limitations on the lawful arrest defense to kidnapping. We will reverse the judgment as to several convictions, modify defendant’s sentence as to others, remand for retrial as to one count, and otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Terri G. (Counts 1-3)

Toward the end of August 2012, Terri G. was walking to her friend’s house at about 4:00 a.m. when she was stopped by a police officer…