Filed 11/18/19 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, A154826 v. SUDESH SINGH, (City & County of San Francisco Super. Ct. No. SCN225090) Defendant and Appellant. Defendant Sudesh Singh appeals from his conviction for kidnapping (Pen. Code, § 207, subd. (a) 1). He seeks reversal on the grounds that: (1) the trial court improperly instructed on the illegal intent or purpose element for kidnapping; (2) the court erroneously failed to instruct on whether his moving the victim was incidental to the crime of child endangerment in determining the asportation element for kidnapping; and (3) there was insufficient evidence of asportation and an illegal intent or purpose. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A. Summary of the Trial Evidence Defendant was charged by information with felony kidnapping a one-year-old child (§ 207, subd. (a)) and misdemeanor abusing or endangering the health of a child (§ 273a, subd. (b)). The following is a summary of the relevant trial evidence. The mother of the victim (Mother) testified that one morning in November 2015, she and her son waited for a bus outside of the U.S. Citizenship and Immigration building on Sansome Street in San Francisco. At the time, her son was nearly two years old. 1 All further statutory references are to the Penal Code unless otherwise specified. 1 Defendant approached and spoke to the child, whom Mother was carrying. Mother speaks only Spanish and could not understand him. Defendant touched her son’s hand and made gestures trying to coax him off her. Defendant eventually stopped touching the child but kept talking to him for several minutes while laughing. During this interaction, the child was calm, not crying, and not laughing at defendant’s conduct. Mother told her son not to pay attention to defendant, and believed he did not. She assigned no importance to defendant or his actions, did not speak to him, and did not tell him to go away because she thought he was also waiting for the bus. Mother stepped into the bus when it arrived, and she put her son down to pay the fare. The child did not cry as Mother put him down, and she did not notice anything that would put him in danger. At this point, defendant picked the child up and walked away from the bus. Upon hearing her son either crying or saying something, Mother turned around and ran after him. Defendant got about five steps away from the bus before Mother yanked her son out of defendant’s arms. Mother had not given defendant permission to touch her son or take him from the bus. After returning to the bus, Mother called her brother and asked him to call the police. Defendant was arrested three days later trying to enter San Francisco International Airport from the airport BART station. Videos from the bus and from the U.S. Citizenship and Immigration building were played and admitted into evidence. ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals