People v. Brents

The kidnapping special circumstance finding was set aside as the court failed to properly instruct on the need to find an independent felonious purpose to kidnap the victim.

The trial court erred by modifying the instruction on the special circumstance that defendant committed the murder while engaged in a kidnapping offense. The instruction given failed to properly describe the need to find an independent felonious purpose to kidnap the victim. The error was prejudicial, the special circumstance finding was set aside and the death judgment reversed.

People v. Brents, ____ Cal.4th ____, ____ Cal.Rptr.3d ____, 2012 D.A.R. 1355 (2012) February 02, 2012 (S093754)