In a motion to overturn a conviction for false imprisonment brought by convicted rapist convicted of a charge of kidnapping for rape, what are the elements test?
California, United States of America
The following excerpt is from People v. Manning, D074891 (Cal. App. 2019):
Manning contends his count 2 conviction for felony false imprisonment must be reversed because it is necessarily included in the count 6 offense of kidnapping for rape. The People concede that the count 2 conviction must be reversed under the statutory elements test (see People v. Robinson (2016) 63 Cal.4th 200, 207),8 and we agree.
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