• Robbery and Kidnapping
• Movement of Victim During Robbery
• Kidnapping
• Simple Kidnapping

Forcing Employees into a Secluded Vault Room Where at Gunpoint They Were Forced to Load Stolen Goods into a Bag Was Sufficient Distance to Satisfy the “Substantial Movement” Element of Simple Kidnapping (207 P.C.). 

Defendant and a co-principal entered a Camarillo AT&T store near closing time, with the blinds drawn to avoid detection. At gunpoint, they forced three employees (the victims) into a small, secluded “vault room” with no exit, demanding that they load stolen goods into bags under the threat of death—one victim had a gun held against his neck. The victims were moved approximately 40 feet to facilitate the robbery.

The defendant was convicted of simple kidnapping and second-degree robbery and sentenced to 10 years.

On appeal, the defendant argued that the movement of the victims within the same premises was insufficient to satisfy the “substantial distance” element required for a kidnapping conviction.

The 2DCA (Division 6) ruled that there was sufficient evidence to support the finding of “substantial movement” of the victims, which increased ....