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PEOPLE v. ORTIZ

No. B150002.

124 Cal.Rptr.2d 92 (2002)

101 Cal.App.4th 410

The PEOPLE, Plaintiff and Respondent, v. Michael ORTIZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Eight.

Rehearing Denied September 4, 2002.

Review Denied November 13, 2002.

Attorney(s) appearing for the Case

Brett Harding Duxbury, Montrose, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Robert F. Katz, Supervising Deputy Attorney General, and Lauren E. Dana, Deputy Attorney General, for Plaintiff and Respondent.

RUBIN, J.

Appellant Michael Ortiz was convicted of multiple crimes following his kidnapping for carjacking of Jose Moncada. In this appeal, we clarify that the kidnapping for carjacking statute (Pen.Code, § 209.5) does not require that the movement of the victim "substantially" increase the risk of harm to the victim; it requires only that the movement create a risk of harm greater than that inherent to carjacking...

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