People v. Salazar

Opinion

THE COURT. *

This is an appeal from a judgment sentencing defendant to state prison for the middle term of five years after a jury found him guilty of kidnaping (Pen. Code, §§ 207, 208). Defendant contends the trial court committed prejudicial error when it instructed on “flight”; that the act committed does not fall within the statutory definition of kidnaping; and that the court failed to state adequate reasons for denying probation. Our analysis of the above contentions causes us to affirm the conviction but remand the matter for resentencing.

On June 3, 1979, between 2:30 and 3 a.m.,…