Aispuro

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 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.

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…