P. v. Zamora
A jury convicted defendant John Anthony Zamora of attempted murder, shooting at an occupied vehicle, possession of a firearm by a felon, corporal injury to a cohabitant, kidnapping, false imprisonment, and domestic battery. It also found true firearm-use, firearm-discharge, and firearm-causing-bodily-injury allegations for purposes of sentence enhancements to the attempted murder and shooting convictions. And the trial court found true three prior-prison-term allegations for purposes of one-year sentence enhancements. The trial court sentenced defendant to 38 years to life as follows: 34 years to life for attempted murder (nine years plus 25-years-to-life for firearm-causing-bodily-injury enhancement); stayed five years for shooting; concurrent 16 months for possession; consecutive one year for corporal injury; concurrent three years for kidnapping; stayed 16 months for false imprisonment; stayed 180 days for domestic battery; and consecutive three years for prior prison terms.
On appeal, defendant contends that (1) the trial court erred in instructing the jury on kidnapping, (2) he was wrongly convicted of both kidnapping and false imprisonment, (3) he was wrongly convicted of both corporal injury and domestic battery, (4) his consecutive one-year sentence for corporal injury constitutes improper multiple punishment (Pen. Code, § 654), and (5) the abstract of judgment does not reflect that the sentences for shooting (but not the enhancements) and false imprisonment were stayed. The People concede defendant’s second and fifth contentions and we agree that the concessions are appropriate. We otherwise disagree with defendant. We will therefore modify the judgment by striking the conviction for false imprisonment and affirm the judgment as modified. And we will order the abstract conformed to reflect that the base term sentence for shooting at an occupied vehicle is stayed.
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