People v. Shelburne

Opinion

JEFFERSON (Bernard), J. *

Defendant Shelburne has appealed following his conviction of kidnaping for purposes of robbery (Pen. Code, § 209), robbery (Pen. Code, § 211), and assault with a deadly weapon (Pen. Code, § 245, subd. (a)).

We have concluded that the evidence was insufficient to establish that defendant entertained an intent to rob his victim at the time of the original asportation. Hence, we reverse his conviction of kidnaping for purposes of robbery. It is therefore unnecessary to reach the following three contentions raised by defendant: (1) that the prosecutor’s conduct in…