The issue here raised is whether the present ability to commit the crime is a necessary element of attempted false imprisonment. We hold it is not. Pursuant to Penal Code section 1238, subdivision (a)(3), the People appeal the trial court's grant of a new trial on three counts of attempted false imprisonment (Pen. Code, §§ 664, 236).
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PEOPLE v. ROSS
Docket No. B032564.
205 Cal.App.3d 1548 (1988)
253 Cal. Rptr. 178
THE PEOPLE, Plaintiff and Appellant, v. PATRICK L. ROSS, Defendant and Respondent.
Court of Appeals of California, Second District, Division Six.https://leagle.com/images/logo.png
November 22, 1988.
November 22, 1988.
Attorney(s) appearing for the Case
Michael D. Bradbury, District Attorney, and Michael D. Schwartz, Deputy District Attorney, for Plaintiff and Appellant.
Eskin & Jackson and George C. Eskin for Defendant and Respondent.
Court of Appeals of California, Second District, Division Six.
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