People v. Ordonez

Opinion

EPSTEIN, J.

In this case, we decide that the crime of kidnapping for ransom, extortion or reward (Pen. Code, § 209, subd. (a)) involves a substantial risk of death to the victim and therefore supports a conviction of second degree murder on a felony-murder theory. 1 We also resolve numerous other issues concerning defendant’s conviction of second degree murder and aggravated kidnapping. Defendant raises issues of instructional error regarding the elements of kidnapping, unanimity of the verdict, and the lesser included offense of felony false imprisonment. He also contends that the…