Opinion
Page __
__ Cal.App.2d __ 302 P.2d 39 The PEOPLE of the State of California, Plaintiff and Respondent, v. Donald Richard RANDAZZO, Defendant and Appellant. Cr. 5264. California Court of Appeals, Second District, First Division Oct. 16, 1956Rehearing Denied Oct. 30, 1956.
Hearing Granted Nov. 14, 1956.
Morris Lavine, Los Angeles, for appellant.
Edmund G. Brown, Atty. Gen., Elizabeth Miller, Deputy Atty. Gen., for respondent.
PER CURIAM.
It appearing that the opinion of this court, filed March 29, 1955, affirming a conviction of 'life imprisonment without possibility of parole' for the crime of kidnapping 'with intent and for the purpose of committing robbery', under Section 209 of the Penal Code, was erroneously predicated upon said statute as it existed prior to 1951, and prior to defendant's alleged criminal acts, whereas said statute, as amended in 1951, does not make it an offense separate from robbery, to hold or detain a person for the purpose of committing robbery, and the remittitur in said case having been recalled as to Count II by order of this court filed on July 11, 1956 and the judgment as to Count II having [302 P.2d 40] been vacated by said order, and the matter now being submitted for decision.
It is hereby ordered, good cause appearing therefor, that the judgment appealed from, in respect to Count II, is hereby reversed.