People v. Stevens CA1/1

Filed 6/23/23 P. v. Stevens CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A164746 v. JAMONIE ALFONZOE STEVENS, (Sonoma County Super. Ct. Nos. SCR-719284-1, SCR-738186-1) Defendant and Appellant.

After defendant Jamonie Alfonzoe Stevens attacked a woman who had rented him a bedroom through Airbnb, a jury found him guilty of a number of crimes, including false imprisonment. He was sentenced to four years and four months in prison, including the upper term of three years for felony false imprisonment. On appeal, Stevens contends, and the Attorney General concedes, that the trial court erred in sentencing Stevens for felony false imprisonment, because the jury in fact found him guilty of the lesser included offense of misdemeanor false imprisonment. We agree with the parties that the resulting sentence was unauthorized and therefore remand for resentencing in accordance with the jury’s verdict.

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I. FACTUAL AND PROCEDURAL BACKGROUND In August 2018, Stevens spent the night in the guest bedroom of Jane Doe, who rented the bedroom to guests through Airbnb. The following morning, Stevens attacked Doe and then dragged her through the kitchen and into the adjacent garage. After a brief struggle, she managed to escape and get help from a bystander, who called 911 for her. The operative information charged Stevens with felony counts of kidnapping, kidnapping to commit a sex crime, assault with intent to commit a felony, assault by means likely to produce great bodily injury, criminal threats, residential burglary, and unlawfully taking a vehicle. He was also charged with misdemeanor counts of battery and petty theft.1 The jury’s verdict was mixed. To begin with, the jury convicted Stevens of unlawfully taking a vehicle and both misdemeanors. But it was unable to return a verdict on the criminal-threats charge, which was dismissed on the prosecution’s motion, and it acquitted Stevens of assault with intent to commit a felony and residential burglary. Although the jury also found him