Can a defendant be convicted and sentenced for kidnapping for the purpose of robbery?

California, United States of America


The following excerpt is from People v. Perez, F061961 (Cal. App. 2012):

In People v. Beamon (1973) 8 Cal.3d 625, the defendant assaulted a truck driver, took the keys, drove away, and held the driver as a hostage. The defendant was convicted and sentenced for both robbery and kidnapping for the purpose of robbery. Beamon held he could not be sentenced for both offenses: "We are compelled to the conclusion as a matter of law that on the record here both crimes were committed pursuant to a single intent and objective, i.e., to rob [the driver] of the truck or its contents." (Id. at p. 639.)

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