People v. Straight

Opinion

BAMATTRE-MANOUKIAN, J.

Defendant Brandon Straight was convicted by a jury of assault with intent to commit rape and felony false imprisonment. He was sentenced to the upper term of six years for assault; his sentence for false imprisonment was stayed pursuant to Penal Code section 654. On appeal, he contends (1) the trial court failed to inquire into a conflict of interest which burdened his counsel at trial, and (2) he was improperly convicted of false imprisonment because the confinement was incidental to and did not significantly increase the risk of harm to the victim over and above the assault. We disagree and affirm.

Background

The victim in this case worked at a fabric store in a Milpitas shopping center. One afternoon at 3 p.m. she left the store on her afternoon break and

[1374]

intended to walk to a drug store in the shopping center. On her way to the drug store defendant came up behind her, pressed himself against her back and covered her mouth with his right hand. His left hand then squeezed the victim’s breast and touched her vaginal area. The victim struggled, and defendant twice told her to be quiet. Defendant then forced the victim two or three steps toward a nearby alley. The victim was able to pull the hand from her mouth and screamed, “no” and, “help.” Defendant then let the victim go and defendant ran away. Jeff Welch heard the victim’s screams and apprehended defendant.

*

Conviction for False Imprisonment

Felony false imprisonment is false imprisonment “effected by violence, menace, fraud, or deceit, . . .” (Pen. Code, § 237.)

Defendant’s contention is that his conviction for false imprisonment is invalid under

People

v.

Daniels

(1969) 71 Cal.2d 1119 [80 Cal.Rptr. 897, 459 P.2d 225, 43 A.L.R.3d 677].

Daniels