People v. Marin

The only question presented in this case is whether aggravated kidnapping is a capital offense and therefore nonprobationable where, following a jury trial a sentence other than death is imposed and on appeal, a reversal and remandment for a new trial, the defendant pleads guilty after acknowledging upon admonishment that the court could impose a death sentence.

The defendant was indicted for aggravated kidnapping. The jury, which was not qualified to recommend the death penalty, found her guilty and in March 1969 she was sentenced to a term of 15 to 30 years in the penitentiary. She and a…