Jones

Summary

An information was filed, October 22, 1979, in Los Angeles County Superior Court, charging defendant and appellant with the following criminal charges: count I, Penal Code section 207, kidnaping; counts II and III, Penal Code section 245, subdivision (a), assault by means of force likely to produce great bodily injury and with a deadly weapon; count IV, Vehicle Code section 20001, felony hit and run. In addition, counts I and II, alleged Penal Code section 12022.5, use of a firearm; counts II and III, alleged Penal Code section 12022, subdivision (a), armed with a firearm.

At a later date, August 4, 1980, an amendment was filed alleging pri- or convictions.

On November 3, 1980, after a trial by jury, the following occurred:

Count I, kidnaping, the jury was deadlocked and a mistrial declared with the charge being dismissed by the People at the time of sentencing; guilty of Penal Code section 240, simple assault, a lesser and necessarily included offense of the crime charged in count II; guilty count III, Penal Code section 245, assault with a deadly weapon; guilty count IV, Vehicle Code section 20001, felony hit and run.

In count III an armed allegation under…