P. v. Miller
On appeal, defendant’s primary contentions are that there was insufficient evidence to support his convictions for kidnapping to commit robbery and attempting to dissuade a victim. He also claims that the trial court erred in instructing the jury with respect to the attempting to dissuade a victim offense, refusing to stay his sentence for the same pursuant to 654, and denying his motion to suppress. We shall conclude that there is insufficient evidence to support the asportation element of kidnapping to commit robbery, reverse defendant’s conviction for that offense, and remand the matter to the trial court for resentencing. We shall affirm the judgment in all other respects.
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