When will the court refuse to allow the defense to instruct the jury on kidnapping for robbery?

California, United States of America

The following excerpt is from People v. Garrett, C067436, C069886 (Cal. App. 2018):

More than simply adding information about the asportation element of kidnapping for robbery, Varnado's requested pinpoint instruction would likely have confused the jury. Telling the jury that "[m]ovement can be incidental to the robbery, even if the movement is not necessary for the robbery" would unnecessarily create a categorical morass for the jury by suggesting different types of movement during a robbery, i.e., movement that is necessary to the robbery, movement that is not necessary to the robbery but incidental to the robbery, and movement incidental to the robbery. Quite simply, movement during the robbery either substantially increases the risk to the victim beyond that necessary to commit the robbery or it does not substantially increase the risk to the victim. (CALCRIM No. 1203; People v. Delgado, supra, 56 Cal.4th at p. 487.) This clear distinction between robbery and kidnapping for robbery would have been muddled if the defense's pinpoint instruction would have been given. Accordingly, the trial court properly refused the pinpoint instruction to give CALCRIM No. 1203 to instruct on kidnapping for robbery.

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