People v. Rayford

Opinion

ARABIAN, J.

Our task is to determine whether a statute that proscribes kidnapping with the intent to commit rape, oral copulation, sodomy, or rape by instrument (Pen. Code, § 208, subd. (d)), is an offense separate from, or an enhancement to, simple kidnapping (Pen. Code, § 207, subd. (a)), and to delineate the circumstances under which evidence of asportation is sufficient to support a kidnapping conviction under Penal Code section 208, subdivision (d). We conclude that section 208, subdivision (d) is a separate crime, and that the evidence of asportation was sufficient to support die…