P. v. Del Valle
A jury convicted defendant Nereo Del Valle of kidnapping for the purpose of child molestation (Pen. Code, § 207, subd. (b)),[1] and two counts of committing lewd acts with a child under the age of 14 (§ 288, subd. (a)). It found true allegations the acts of child molestation occurred during a kidnapping pursuant to section 667.61, subds. (b), (c)(4), and (e)(1), commonly referred to as the “One Strike†law. The court sentenced Del Valle to concurrent indeterminate terms of 15 years to life for each section 288 conviction as required under the One Strike law, and imposed an 11-year determinate term for kidnapping (§ 208, subd. (b)), which the court then stayed under section 654.
Del Valle contends the trial court erred by failing to instruct the jury he could not be found guilty of kidnapping for child molestation if the victim’s movement was merely incidental to carrying out the child molestation. We affirm.
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