People v. Gonzalez

I respectfully disagree with the majority insofar as it applies the kidnapping-merger doctrine to this case. In essence, the majority reasons that the defendant’s conviction for kidnapping may not be abided because the kidnapping was "only incidental” to the assault and sex crimes, and merges into them. The various sex and assault counts, however, were either dismissed or not proved, and so under the majority view the kidnapping not only merges, it disappears. The legal result is an expansion of the merger doctrine to lengths that *133carry it well beyond its purpose and origins. As a practical…