If the evidence is insufficient to support the conviction for kidnapping for purposes of robbery, does the Attorney General have authority to reduce the conviction to a lesser included crime of false imprisonment?

California, United States of America


The following excerpt is from People v. Hayes, B277263 (Cal. App. 2017):

The Attorney General alternatively asserts that if the evidence is insufficient to support the conviction for kidnapping for purposes of robbery, this court should reduce the conviction to the lesser included offense of felony false imprisonment. (People v. Enriquez (1967) 65 Cal.2d 746, 749 ["When the record reveals that the defendant cannot be held for the crimes for which he was convicted and sentenced but that he may properly be convicted of the crime charged but of a lesser degree or of a lesser included offense, this court has authority to reduce the judgment accordingly"]; 1260.) Defendant did not argue against this result in his reply brief or at oral argument.

Other Questions


Does a conviction for kidnapping for the purpose of robbery support a conviction under section 654 of the California Criminal Code for moving a robbery victim a distance beyond the intended location? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
Does the Attorney General have the authority to determine whether a defendant has been convicted of kidnapping to commit rape and false imprisonment? (California, United States of America)
Can appellant appeal against his conviction for kidnapping and false imprisonment for a lesser included crime? (California, United States of America)
Does the Attorney General have a waiver or waiver of instructions on the lesser included crime of attempted robbery? (California, United States of America)
Can appellant's prior convictions for assault and robbery be used as evidence for the purposes of the crime of robbery? (California, United States of America)
Is there any case law supporting the argument that the assault with a deadly weapon is not a lesser included or lesser included crime? (California, United States of America)
Does the Attorney General have to reverse the convictions of simple kidnapping and false imprisonment? (California, United States of America)
In a motion for review of a conviction for assault and robbery, in what circumstances will the Court uphold the conviction of defendant as a result of insufficient evidence to support the judgment? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.