P. v. Kha
Appellant Hung Kha was convicted of felony false imprisonment as a lesser included offense of kidnapping for robbery, and simple assault as a lesser included offense of assault with a firearm. The jury acquitted him of conspiring to commit robbery and possessing a firearm while a felon, and it found not true allegations he personally used a firearm and inflicted great bodily injury. The court sentenced him to the upper term of three years on the false imprisonment count and six months for the assault. He now contends the court erred in failing to instruct on misdemeanor false imprisonment and the defense of accident. He also impugns the courts self defense instructions and claims imposition of the upper term violated his right to a jury trial. Finding no basis for reversal, Court affirm the judgment.
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