The PEOPLE, Plaintiff and Respondent,
v.
Samuel MARTINEZ, Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
April 8, 1999.
April 8, 1999.
Attorney(s) appearing for the Case
Barbara Michel, Berkeley, under appointment by the Supreme Court, for Defendant and Appellant.
Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Stan Cross, W. Scott Thorpe, J. Robert Jibson and Jean M. Marinovich, Deputy Attorneys General, for Plaintiff and Respondent.
Supreme Court of California.
BROWN, J.
We granted review in this case to decide whether Penal Code1 section 208, subdivision (b)(section 208(b)), which prescribes a higher sentence for kidnapping a person under the age of 14, is a separate crime or a punishment provision, and what the standard of asportation is for that statute. The Court of Appeal determined section 208(b) is a separate offense and applied a modified standard of asportation for aggravated kidnapping...
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