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PEOPLE v. MAJORS

No. S113086.

14 Cal.Rptr.3d 870 (2004)

92 P.3d 360

33 Cal.4th 321

The PEOPLE, Plaintiff and Respondent, v. Gaylon Michael MAJORS, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied August 11, 2004.

Attorney(s) appearing for the Case

Patricia J. Ulibarri, San Diego, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry J.T. Carlton, Steven T. Oetting and Daniel Rogers, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, J.

A victim enters the defendant's vehicle under an implicit threat of arrest. Does this evidence satisfy the force or fear element of simple kidnapping? (Pen.Code, § 207, subd. (a) (hereafter section 207(a)).)1 We conclude it does, and therefore reverse the judgment of the Court of Appeal.

I. FACTUAL AND PROCEDURAL BACKGROUND

On August 15, 2000, 18-year-old...

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