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02/11/76 PEOPLE v. HARDESTY

February 11, 1976

PEOPLE
v.
HARDESTY



Appeal from Washtenaw, Ross W. Campbell, J.

Leave to appeal applied for.

Danhof, P. J., and Bashara and D. E. Holbrook, Jr., JJ.

SYLLABUS BY THE COURT

1. Kidnapping -- Asportation -- Other Crimes -- Greater Danger -- Inherent Threat.

The element of asportation in the crime of kidnapping is not satisfied where the movement of a victim is merely incidental to the commission of another underlying lesser offense, but movement that adds either a greater danger or threat to the victim beyond that inherent in the crime intended constitutes legal asportation.

2. Kidnapping -- Asportation -- Greater Danger -- Bodily Harm -- Rape.

A complainant who was taken to a secluded spot more than seven miles from the point of her abduction and raped was subjected to a greater danger of bodily harm or death than that inherent in the crime of rape, which justified a finding of legal asportation supporting a separate and distinct charge of kidnapping.

3. -- Courts -- Defendants -- Plea of Guilty -- Informing of Charge -- General Nature.

It is sufficient for a court when taking a guilty plea to inform a defendant of the general nature of the charge against him.

4. -- Sentencing -- Youthful Trainee -- Plea of Guilty.

A defendant's petition to be considered for trainee status under the Holmes youthful trainee act must be made before a plea of guilty (MCLA 762.11 et seq.; MSA 28.853(11) et seq.).

5. Courts -- Procedure -- Claims of Error -- Record -- Evidentiary Hearing -- Trial Courts.

A defendant seeking to advance claims on matters not of record must seek an evidentiary hearing to establish his ...


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