People v. Alvarez
246 Cal. App. 4th 989
Cal. Ct. App.2016Background
- Sergio Alvarez, a West Sacramento police officer, was convicted by a jury of multiple counts of aggravated kidnapping, rape, and oral copulation by duress/under threat of authority based on sexual encounters with five women encountered while he was on patrol.
- Victims (Terri G., Anna B., Kayla R., Karen N., Rochelle G.) described scenarios in which Alvarez used his status, threat of arrest, custody, or isolation in his patrol car or nearby areas to obtain sexual acts. Alvarez denied many contacts or characterized them as consensual.
- The jury found kidnapping and multiple other offenses and enhancements (including kidnapping-and-risk enhancements and multiple-victim enhancements) and the trial court imposed an aggregate sentence of 205 years to life.
- On appeal Alvarez challenged sufficiency of the evidence for several convictions and the applicability of a lawful-arrest defense to kidnapping charges and raised instructional/sentencing errors.
- The Court of Appeal analyzed when movement during an arrest becomes kidnapping (i.e., when transportation ceases to be for lawful law-enforcement purposes and becomes conduct to satisfy private/sexual motives) and reviewed each victim’s circumstances for consent, duress, fraud, or lawful arrest.
- The court reversed several convictions, modified some sentences, remanded for retrial on one count, dismissed one enhancement, and directed corrections to the abstract of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether asportation constituted "kidnapping" when the victim initially entered or was moved during an encounter with an officer | Kidnapping applies where movement is by force or instilling fear; initial consent can be vitiated by later compulsion | Movement was consensual or incident to a lawful arrest, so no kidnapping | Court: Kidnapping can be proven where movement is compelled by threats/duress or where lawful-arrest protection ends once transport serves non-lawful purposes; substantial evidence supported kidnapping for several victims and not for others |
| Whether a lawful arrest under Penal Code §834/§836 immunizes officer from kidnapping liability for movements during custodial encounters | Arrest eliminates kidnapping exposure while transport is for lawful purposes | Alvarez contends arrests or lawful custody preclude kidnapping convictions | Court: Lawful-arrest defense applies only while officer is acting to effectuate lawful arrest; if transport thereafter serves non-law-enforcement (prurient) purposes, the defense fails |
| Sufficiency of evidence as to specific victims to sustain kidnapping and related enhancements (e.g., Terri, Anna, Kayla, Rochelle) | People argued each victim’s testimony showed compulsion, fear, or nonconsensual movement increasing risk | Alvarez claimed consent, fraud/enticement, or lawful arrest negated kidnapping and enhancements | Court: Upheld aggravated kidnapping/enhancements for Terri, Anna, Kayla, Rochelle where evidence showed coercion, custodial status, or unlawful continuation of transport; reversed some counts where evidence was insufficient (see disposition) |
| Sentencing and remand issues (including multiple-victim and kidnapping enhancements and abstract corrections) | People sought to sustain enhancements and judgments; court to correct clerical errors and decide retrial | Alvarez argued multiple sentencing and instructional errors and some convictions lacked evidence | Court: Reversed counts 3, 19, 23, 24, 27; dismissed one multiple-victim enhancement; modified certain life-with-parole determinations; remanded for retrial on count 3 only if People elect; ordered amended abstract of judgment |
Key Cases Cited
- People v. Majors, 33 Cal.4th 321 (kidnapping requires asportation by force or instilling fear; threat of arrest can supply requisite force)
- People v. Sattiewhite, 59 Cal.4th 446 (consent negates kidnapping; consent must be free and voluntary, not the product of threats/duress)
- People v. Hovarter, 44 Cal.4th 983 (initially voluntary movement can become kidnapping if the defendant later compels the victim to remain/move)
- People v. Davis, 10 Cal.4th 463 (consent must be free from threats, force, or duress when assessing kidnapping)