People v. Nguyen

Opinion

WERDEGAR, J.

Defendant Tuan Van Nguyen was convicted in 1997 of violating Penal Code1 section 209, subdivision (b), kidnapping for the purpose of robbery, otherwise known as aggravated kidnapping. We granted review and limited the issue on review to “whether the risk of harm required to elevate kidnapping to aggravated kidnapping may be a risk of psychological harm.” (Italics added.) As explained below, we conclude the answer to this question is that it may.

Facts

Julie Overacker rented a room in Thomas Savoca’s house in San Jose. As she was unpacking her boxes, Tuan Van Nguyen…