California, United States of America
The following excerpt is from People v. Serna, H041769 (Cal. App. 2018):
Thus, Serna is not similarly situated to those convicted of kidnapping to commit robbery. Serna is only subject to the greater sentence of life without the possibility of parole because the additional prerequisitebodily harmwas found by the jury. (See People v. Rhodes, supra, 126 Cal.App.4th at pp. 1382-1388 [defendants convicted of second degree murder of a peace officer while engaged in performance of his or her duties not similarly situated as those convicted of first degree murder of a non-peace officer or a peace officer not in performance of his or her duties]; People v. Adair (2014) 228 Cal.App.4th 1469, 1478-1480 [comparing elements of offense of annoying a child and indecent exposure and finding defendants convicted of those offenses are not similarly situated].)
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