People v. Aispuro

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

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run consecutively to eight months’ imprisonment for count 4. Time credits were awarded, and fines and fees were imposed.

The sole ground of appeal is defendant’s contention that there was insufficient evidence of menace and violence to support the convictions for felony false imprisonment. Defendant urges this court to modify the judgment to reflect convictions for misdemeanor false imprisonment and requests that the court remand the matter to the trial court for resentencing.

1

Both parties agree on the applicable standard of review. When an appellant challenges the sufficiency of the evidence, the reviewing court must review the whole record in the light most favorable to the judgment to determine whether it contains substantial evidence from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt.

(People v. Johnson

(1980) 26 Cal.3d 557, 562 [162 Cal.Rptr. 431, 606 P.2d 738].) If the circumstances reasonably justify the jury’s finding, the reviewing court may not reverse the judgment merely because it believes that the circumstances might also support a contrary finding.

(People v. Ceja

(1993) 4 Cal.4th 1134, 1139 [17 Cal.Rptr.2d 375, 847 P.2d 55].) For evidence to be “substantial” it must be of ponderable legal significance, reasonable in nature, credible and of solid value.

(People v. Bassett

(1968) 69 Cal.2d 122, 139 [70 Cal.Rptr. 193, 443 P.2d 777].)

The jury found defendant guilty of two counts of false imprisonment by violence or menace within the meaning of Penal Code section 236. The jury was instructed that in order for defendant to be guilty of the crime of false imprisonment by violence or menace, the People must prove that defendant “intentionally restrained or confined or detained someone or caused that person to be restrained or confined or detained by violence or menace” and “defendant made the other person stay or go somewhere against that person’s will.” They were told that “Violence means using physical force that is greater than the force reasonably necessary to restrain someone” and that “Menace means a verbal or physical threat of harm. The threat of harm may be express or implied.” The jury was further instructed that an act is done against a person’s will if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and know the nature of the act. (Judicial Council of Cal. Crim. Jury Instns. (2006-2007) CALCRIM No. 1240.)