What is the test for determining whether sufficient evidence supports a verdict in a kidnapping case?
California, United States of America
The following excerpt is from People v. Miller, C076487 (Cal. App. 2017):
" 'On appeal, an appellate court deciding whether sufficient evidence supports a verdict must determine whether the record contains substantial evidencewhich we repeatedly have described as evidence that is reasonable, credible, and of solid valuefrom which a reasonable jury could find the accused guilty beyond a reasonable doubt.' [Citations.] We presume in support of the judgment 'the existence of every fact the trier
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could reasonably deduce from the evidence.' [Citation.]" (People v. Vines (2011) 51 Cal.4th 830, 869 (Vines).)
Kidnapping for robbery, or aggravated kidnapping, requires movement of the victim that (1) is beyond that merely incidental to the commission of the robbery, and (2) increases the risk of harm to the victim over and above that necessarily present in the crime of robbery itself. ( 209, subd. (b)(2); People v. Daniels (1969) 71 Cal.2d 1119, 1139 (Daniels).)2 "These two elements are not mutually exclusive but are interrelated." (Vines, supra, 51 Cal.4th at p. 870.)
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