P. v. Alvarado
A jury found defendant Giovanni Alvarado guilty of assault with a deadly weapon or by means of force likely to produce great bodily harm (Pen. Code,[1] 245, subd. (a)(1), count 1), felony false imprisonment ( 236, count 2), and misdemeanor battery on a prior cohabitant. ( 243, subd. (e)(1), count 3.) The jury also found true the enhancement allegation that defendant personally used a deadly weapon during the commission of count 2. ( 12022, subd. (b)(1), 1192.7, subd. (c)(23).) Defendant admitted that he had served one prior prison term ( 667.5, subd. (b)) and had one prior strike conviction. ( 667, subds. (b) (i), 1170.12.) The trial court sentenced him to a total term of six years in state prison, as follows: the middle term of three years, doubled due to the strike prior, on count 1, plus a concurrent three-year term on count 2, which included the middle term of two years for the substantive offense and a one-year term for the weapon use enhancement, plus a concurrent 30-day term, local time. The court struck the term for the prison prior under section 1385. On appeal, defendant contends that: 1) the trial court improperly instructed the jury on felony false imprisonment; and 2) the court should have stayed the sentence on count 2 pursuant to section 654. Court affirm.
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