Does the Attorney General have the authority to determine whether a defendant has been convicted of kidnapping to commit rape and false imprisonment?

But the Attorney General's analysis contains erroneous assumptions about the nature of the detention and the duration of the kidnapping. "'[F]orcible detention of a victim is an element of kidnapping and as long as the detention continues, the crime continues.'" (People v. Chacon, supra, 37 Cal.App.4th at p. 60.) "[T]he crime of kidnapping continues until such time as the kidnapper releases or otherwise disposes of the victim and has reached a place of temporary safety." (People v. Barnett (1998) 17 Cal.4th 1044, 1159.)

In Shadden, the defendant was convicted of kidnapping to commit rape and false imprisonment. He forcibly dragged the victim through a business establishment into a small room where he detained her to sexually assault her. We reversed the false imprisonment conviction because the defendant "may not be convicted of both kidnapping and a lesser included offense." (People v. Shadden, supra, 93 Cal.App.4th at p. 171.)