P. v. Calderon
Jose Calderon appeals from the judgment entered following a jury trial in which he was convicted of three counts of forcible lewd act upon a child, counts 1-3 (Pen. Code, 288(b)(1)) with the further finding that for the purpose of committing these offenses he kidnapped the victim within the meaning of Penal Code sections 667.8, subdivision (b) and 207, subdivision (b). He was also convicted of kidnapping for child molesting, count 4 (Pen. Code, 207, subd. (b)) with the further finding that the victim was under the age of 14. He was sentenced to prison for 21 years, consisting of the middle term of six years for count 1, two concurrent terms of three years for counts 2 and 3, and 15 years for the kidnapping enhancement. Sentence for count 4 was stayed pursuant to Penal Code section 654.[1] Appellant contends his kidnapping conviction and the enhancements pursuant to Penal Code section 667.8, subdivision (b) must be reversed as there was insufficient evidence of substantial movement that was not incidental to the assault. For reasons stated in the opinion, Court affirm the judgment.
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