PEOPLE v. AISPURO

No. F052506.

69 Cal.Rptr.3d 585 (2007)

157 Cal.App.4th 1509

The PEOPLE, Plaintiff and Respondent, v. Jose Olegario AISPURO, Defendant and Appellant.

Court of Appeal of California, Fifth District.

December 18, 2007.


Attorney(s) appearing for the Case

Randall H. Conner, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna and Lloyd G. Carter, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

KANE, J.

A jury found defendant not guilty of kidnapping (Pen.Code, § 207, subd. (a)), as alleged in counts 1 and 2 of an amended information, and found him guilty of false imprisonment by violence or menace (Pen. Code, § 236) as alleged in counts 3 and 4 of the amended information. He was sentenced to the middle term of two years' imprisonment for count 3 to run consecutive to eight months' imprisonment for

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