Daniels

A jury convicted appellant of kidnapping (Pen. Code, § 207; count I; victim Melynda Moncrief), two counts of assault with a firearm (§ 245, subd. (a)(2); count II, victim Melisa Moncrief; count III, victim Penne Moncrief) and found true three firearm use (§ 12022.5) allegations. Three state prison prior felony allegations (§ 667.5) were bifurcated and admitted. Appellant was sentenced to 11 years in state prison (5 years on the kidnapping count).

Appellant contends: (1) the kidnapping conviction must be reversed because the victim directed her own asportation, (2) there is insufficient evidence of an assault with a firearm, and (3) the trial court committed instructional error regarding kidnapping.

We find merit only in appellant’s third contention. We reverse the kidnapping conviction, affirm the assault convictions and firearm use allegations, and remand the matter to the trial court.

Factual Background

Although appellant makes insufficiency of evidence claims, the claims are essentially legal not factual. Accordingly, the facts may be stated simply. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d…