People v. Fontenot

Opinion of the Court by Cuéllar, J.

*59 Defendant John Reynold Fontenot was charged with completed kidnapping, but he *343 was convicted of attempted kidnapping. The Court of Appeal affirmed, citing our decision in People v. Martinez (1999) 20 Cal.4th 225 , 83 Cal.Rptr.2d 533 , 973 P.2d 512 ( Martinez ), which treated attempted kidnapping as a lesser included offense of completed kidnapping. Fontenot asks us to overrule Martinez and to hold that, despite a statutory provision authorizing conviction for attempted crimes even when only completed crimes are charged, he could not constitutionally be…