P. v. Hayes CA2/5
Defendant and appellant Clifton Hayes robbed the same restaurant on two nights within one month of each other. He was convicted of kidnapping for purposes of robbery (Pen. Code, § 209, subd. (b)) (count 1) and second degree burglary (§ 211) (count 10) for the first robbery. The second episode resulted in his conviction of nine other offenses. Defendant challenges the sufficiency of the evidence to support the asportation element of the kidnapping for purposes of robbery conviction and contends the trial court erred in imposing two consecutive life terms with the possibility of parole instead of one life term with the minimum parole eligibility date doubled.
There was no substantial evidence of the asporation element of kidnapping for purposes of robbery (count 1). Accordingly, we reduce defendant’s count 1 conviction to the lesser included offense of felony false imprisonment in violation of section 237, subdivision (a) and remand for resentencing.
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