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PEOPLE v. DALERIO

No. A110408.

50 Cal.Rptr.3d 724 (2006)

144 Cal.App.4th 775

The PEOPLE, Plaintiff and Respondent, v. Michael Jiovanni DALERIO, Defendant and Appellant.

Court of Appeal of California, First District, Division Five.

November 7, 2006.

Attorney(s) appearing for the Case

Robert Derham, San Anselmo, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Rene A. Chacon and Nanette Winaker, Deputy Attorneys General for Plaintiff and Respondent.

Certified for Partial Publication.*

SIMONS, J.

The crime of kidnapping requires the unlawful movement of the victim by force or fear. California courts have wrestled with the degree of force necessary to establish the kidnapping of an unresisting infant or young child, and our Supreme Court has concluded that the requisite force "is simply the amount of physical force required to...

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