P. v. Serafin CA4/2
A jury convicted defendant and appellant Nayeli Serafin of kidnapping for robbery (Pen. Code, § 209, subd. (b)(1); count 1), robbery (§ 211; count 2), assault with a firearm (§ 245, subd. (a)(2); count 3), second degree burglary (§ 459 count 4), and embezzlement (§ 503; count 5). She received a sentence of seven years to life.
On appeal, Serafin argues that no substantial evidence supports her kidnapping for robbery conviction because the movement of the victim was incidental to the robbery and did not increase the victim’s risk of harm. She also argues that her counsel’s failure to seek exclusion of certain evidence implicating her as a perpetrator in a previous robbery constituted ineffective assistance of counsel.
We find that substantial evidence supports Serafin’s kidnapping for robbery conviction, reject her claim of ineffective assistance of counsel, and affirm the judgment.
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