People v. Alday

Decision Date26 November 1973
Docket NumberCr. 17064
Citation515 P.2d 1169,110 Cal.Rptr. 617,10 Cal.3d 392
CourtCalifornia Supreme Court
Parties, 515 P.2d 1169 The PEOPLE, Plaintiff and Appellant, v. Richard Marco ALDAY, Defendant and Respondent.

Evelle J. Younger, Atty. Gen., Edward A. Hinz, Jr., Chief Asst. Atty. Gen., William E. James, Asst. Atty. Gen., Derald E. Granberg, Robert R. Granucci, and Alvin J. Knudson, Deputy Attys. Gen., for plaintiff and appellant.

Sheldon Portman, Public Defender, Guy N. Jinkerson and Richard C. Neuhoff, Deputy Public Defenders, for defendant and respondent.

CLARK, Justice.

The People appeal from an order dismissing the count of an information charging defendant with extortion by posing as a kidnaper. (Pen.Code, § 210). We reverse.

Evidence at the preliminary hearing revealed defendant telephoned the father of a 13-year-old girl to say defendant and others had kidnaped his daughter. The father was told he must leave for his bank within 20 seconds to obtain $15,000 or his daughter would be 'hurt bad.' At the bank, he learned she had not been kidnaped but was safe at school.

The issue on appeal is whether section 210 of the Penal Code requires the purported kidnap victim to have been actually kidnaped. We conclude it does not.

Section 210 of the Penal Code provides in relevant part:

'Every person who for the purpose of obtaining any ransom or reward, or to extort or exact from any person any money or thing of value, poses as, or in any manner represents himself to be a person who has seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnaped or carried away any person, or who poses as, or in any manner represents himself to be a person who holds or detains such person, or who poses as, or in any manner represents himself to be a person who has aided or abetted any such act, Or who poses as or in any manner represents himself to be a person who has the influence, power, or ability, to obtain the release of such person so seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnaped or carried away, is guilty of a felony and upon conviction thereof shall be punished by imprisonment in a State prison during his natural life, or for any number of years not less than five.' (Italics added.)

Contending the reference in the italicized clause to 'such person so seized . . .' suggests that the Legislature intended the statute to apply only if the purported victim has in fact been kidnaped, defendant invokes the principle of statutory construction enunciated in People v. Ralph (1944), 24 Cal.2d 575, 581, 150 P.2d 401, 404: 'When language which is reasonably susceptible of two constructions is used in a penal law ordinarily that construction which is more favorable to the offender will be adopted.' (See also In re Tartar (1959), 52 Cal.2d 250, 257, 339 P.2d 553.)

However, the doctrine that ambiguity or uncertainty in a criminal statute must be construed in favor of the defendant is only an aid to construction and cannot be invoked until the statute is shown to be ambiguous or uncertain as applied to the particular defendant. (See Callanan v. United States (1961), 364 U.S. 587, 596, 81 S.Ct. 321, 5 L.Ed.2d 312.) Defenda...

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18 cases
  • Warden v. Kahn
    • United States
    • California Court of Appeals Court of Appeals
    • December 14, 1979
    ...until the statute is shown to be ambiguous or uncertain as applied to the particular defendant." (People v. Alday (1973) 10 Cal.3d 392, 395, 110 Cal.Rptr. 617, 618, 515 P.2d 1169, 1170.) We do not find such ambiguity or uncertainty here. This is, of course, a civil rather than a criminal pr......
  • Walker v. Superior Court
    • United States
    • California Supreme Court
    • November 10, 1988
    ...statute where they appear...." (People v. Black (1982) 32 Cal.3d 1, 5, 184 Cal.Rptr. 454, 648 P.2d 104; People v. Alday (1973) 10 Cal.3d 392, 395, 110 Cal.Rptr. 617, 515 P.2d 1169.) Conduct that is legal in one statutory context thus may be actionable under separate statutes created for dif......
  • People v. Floyd
    • United States
    • California Court of Appeals Court of Appeals
    • February 1, 2002
    ...to the defendant will ordinarily be adopted if it is not inconsistent with the aims of the statute. (People v. Alday (1973) 10 Cal.3d 392, 394, 110 Cal.Rptr. 617, 515 P.2d 1169; People v. Coelho (2001) 89 Cal.App.4th 861, 885, 107 Cal.Rptr.2d We agree with DeLong, supra, 93 Cal. App.4th 562......
  • People v. Eid
    • United States
    • California Court of Appeals Court of Appeals
    • August 19, 2010
    ...years. Section 210 does not "require[ ] the purported kidnap victim to have been actually" kidnapped. ( People v. Alday (1973) 10 Cal.3d 392, 394, 110 Cal.Rptr. 617, 515 P.2d 1169.) Another potentially applicable crime resulting in more graduated punishment is section 518 on extortion, also......
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