P. v. Averhart
Alfonso Averhart appeals from the judgment following his jury trial and conviction of attempted kidnapping and attempted lewd acts on a child under the age of 14. (Pen. Code, 664, 207, subd. (a), 288, subd. (a).)[1] The trial court sentenced him to four years in prison for attempted kidnapping and stayed the three-year sentence for attempted lewd acts upon a child. ( 654.) Appellant challenges the sufficiency of the evidence to support the attempted kidnapping conviction; argues that there can be no meaningful appellate review in his case because there is no record of the court's oral instructions to the jury; and claims that the court committed multiple instructional errors. Because the trial court failed to instruct sua sponte on the lesser-included offense of false imprisonment ( 236), Court reverse the attempted kidnapping conviction with directions; Court otherwise affirm.
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