California, United States of America
The following excerpt is from People v. Woffinden, 21 Cal.App.4th 697, 26 Cal.Rptr.2d 369 (Cal. App. 1993):
In People v. Green (1980) 27 Cal.3d 1, 164 Cal.Rptr. 1, 609 P.2d 468, a murder-kidnap case, the jury was given instructions on kidnapping which were incorrect as a matter of law as to two of the three distinct segments of the victim's asportation. Since it could not be determined from the record whether the jury had based its conviction on one of the two legally insufficient segments of the victim's asportation, the kidnapping conviction and a related kidnapping special circumstance finding were reversed. (Id. at p. 74, 164 Cal.Rptr. 1, 609 P.2d 468.)
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