People v. Caves, No. 9754

CourtUnited States State Supreme Court (California)
Writing for the CourtCLARK; BIRD, C. J., and CLARK
Citation580 P.2d 274,146 Cal.Rptr. 859
PartiesPEOPLE v. CAVES.
Decision Date22 June 1978
Docket NumberNo. 9754

Page 859

146 Cal.Rptr. 859
580 P.2d 274
PEOPLE

v.
CAVES.
No. 9754.
Supreme Court of California, In Bank.
June 22, 1978.

Order denying hearing after judgment by the Court of Appeal, 4th District, Division 2.

Respondent's petition for hearing DENIED.

CLARK, J., is of the opinion that the petition should be granted.

The Reporter of Decisions is directed not to publish in the Official Reports the opinion in the above-entitled cause filed April 25, 1978 and appears 80 Cal.App.3d 360, 143 Cal.Rptr. 909 (Cal.Const., Art. VI, section 14; Rule 976, Cal. Rules of Court).

BIRD, C. J., and CLARK, J., are of the view that the opinion should remain published.

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183 practice notes
  • People v. Jones
    • United States
    • California Court of Appeals
    • May 1, 1984
    ..."switches" pulled from a tree in the yard when disciplining the children. In People v. Caudillo (1978) 21 Cal.3d 562, 146 Cal.Rptr. 859, 580 P.2d 274, the Supreme Court opined that "by defining rape in categories in which one category is accomplished by the use of force and violence, and th......
  • People v. Foley
    • United States
    • California Court of Appeals
    • August 6, 1985
    ...as "unlawful bodily injury;" the former implies a greater degree of bodily harm. (See People v. Caudillo (1978) 21 Cal.3d 562, 586-587, 146 Cal.Rptr. 859, 580 P.2d 274; People v. Holt (1985) 163 Cal.App.3d 727, 732-734, 209 Cal.Rptr. 643.) Consequently, the 1980 amendments injected consider......
  • People v. Jones, No. B122692.
    • United States
    • California Court of Appeals
    • October 5, 1999
    ...escape from the moving car or be pushed therefrom by (defendant)']; cf. People v. Caudillo (1978) 21 Cal.3d 562, 574 [146 Cal.Rptr. 859, 580 P.2d 274] ... [aggravated kidnapping includes review of such factors as `the defendant's motivation to escape detection' and `the possible enhancement......
  • People v. Brooks, S099274
    • United States
    • United States State Supreme Court (California)
    • March 20, 2017
    ...determined solely by the actual distance that the victim was moved. (People v. Caudillo (1978) 21 Cal.3d 562, 572-573, 146 Cal.Rptr. 859, 580 P.2d 274.) Decisions applying Caudillo established that 90 feet did not satisfy the element of asportation as a matter of law (People v. Green, supra......
  • Request a trial to view additional results
182 cases
  • People v. Jones
    • United States
    • California Court of Appeals
    • May 1, 1984
    ..."switches" pulled from a tree in the yard when disciplining the children. In People v. Caudillo (1978) 21 Cal.3d 562, 146 Cal.Rptr. 859, 580 P.2d 274, the Supreme Court opined that "by defining rape in categories in which one category is accomplished by the use of force and violence, and th......
  • People v. Foley
    • United States
    • California Court of Appeals
    • August 6, 1985
    ...as "unlawful bodily injury;" the former implies a greater degree of bodily harm. (See People v. Caudillo (1978) 21 Cal.3d 562, 586-587, 146 Cal.Rptr. 859, 580 P.2d 274; People v. Holt (1985) 163 Cal.App.3d 727, 732-734, 209 Cal.Rptr. 643.) Consequently, the 1980 amendments injected consider......
  • People v. Jones, No. B122692.
    • United States
    • California Court of Appeals
    • October 5, 1999
    ...escape from the moving car or be pushed therefrom by (defendant)']; cf. People v. Caudillo (1978) 21 Cal.3d 562, 574 [146 Cal.Rptr. 859, 580 P.2d 274] ... [aggravated kidnapping includes review of such factors as `the defendant's motivation to escape detection' and `the possible enhancement......
  • People v. Brooks, S099274
    • United States
    • United States State Supreme Court (California)
    • March 20, 2017
    ...determined solely by the actual distance that the victim was moved. (People v. Caudillo (1978) 21 Cal.3d 562, 572-573, 146 Cal.Rptr. 859, 580 P.2d 274.) Decisions applying Caudillo established that 90 feet did not satisfy the element of asportation as a matter of law (People v. Green, supra......
  • Request a trial to view additional results

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