Norman

MEMORANDUM *

Torrance Keith Norman appeals the district court’s denial of his writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm. The parties are familiar with the facts, and we will not recite them here.

The California Court of Appeal decision was not erroneous. 1 First, the court did not err when it upheld the trial court’s decision to instruct the jury solely on the offense of kidnaping for extortion, rather than the lesser-included offense of simple kidnaping.

Second, the court did not err when it concluded that the trial court had not committed reversible error by instructing the jury that “kidnaping,” under California Penal Code § 209, did not require asportation. Even assuming the trial court erred in its instruction, which is not clear, 3 the error was harmless in light of the facts presented to the jury. All of the seizure evidence included the movement of the victim. Thus, the jury could not have found seizure of the victim (a finding no one disputes) without also finding asportation.

Third, the California Court of Appeal properly concluded that, although the evidence that Norman possessed a semiautomatic weapon was…