P. v. Fontenot CA2/7
Appellant John Fontenot was charged with one count of simple kidnapping. (See Pen. Code, § 207.) At a bench trial, the court found Fontenot not guilty of kidnapping, but guilty of attempted kidnapping.
Fontenot argues the court lacked jurisdiction to convict him of attempted kidnapping because that offense was neither charged in the accusatory pleading, nor necessarily included in the alleged crime of kidnapping. Although Fontenot acknowledges the California Supreme Court has previously held that attempted kidnapping is a lesser included offense of kidnapping (see People v. Martinez (1999) 20 Cal.4th 225, 241 (Martinez)), he contends that decision is no longer valid in light of the Court’s subsequent decision in People v. Bailey (2012) 54 Cal.4th 740 (Bailey). We affirm, concluding we are bound by the Court’s holding in Martinez.
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