Collins

Defendant appeals following his plea of guilty to kidnaping (Pen. Code, § 207) with use of a firearm (Pen. Code, § 12022.5), attempted robbery (Pen. Code, §§ 664 and 211) and burglary (Pen. Code, § 459).

The relevant facts surrounding the offenses are that shortly after closing time, defendant approached Sandra Prato, a clerk in a Safeway supermarket, pointed a .357 magnum at her and ordered her to the back of the store, where he taped her hands and feet. The other clerk in the store, apparently alerted by Ms. Prato’s scream, summoned the police. After defendant was unable to find the other clerk, he returned to Ms. Prato, untaped her feet and walked behind her to the front of the store. There the police confronted defendant, and he grabbed Ms. Prato at the waist and put the gun to her head, threatening to shoot if they did not retreat. Throughout the next two hours there were negotiations between defendant and the police; during this time Ms. Prato’s hands were retaped in front of her and defendant held the cocked gun, with his thumb on the hammer, to Ms. Prato’s head or throat. After some time, defendant was provided with a car driven by Captain Mauch of the Lodi…