Gomez

Daniel Gomez (defendant) appeals from the judgment entered following his conviction by jury of criminal offenses.

We reverse the judgment with regard to his convictions of false imprisonment for purposes of protection from arrest (Pen. Code, § 210.5) and grand theft vehicle (§ 487h, subd. (a)). We remand the matter with directions to dismiss those charges, to stay imposition of sentence as to the conviction of robbery (§ 211) and to credit defendant with one additional day of custody. The judgment of conviction of kidnapping for robbery (§ 209, subd. (b)) is affirmed.

The principal significance of this decision is its definition of the parameters of section 210.5, which was enacted in 1987, effective January 1, 1988.

Factual Statement

At about 2:45 a.m., on April 7, 1990, Jeanine Anderson (Anderson), a cocktail waitress at a night club in Torrance, driving home from work, pulled into a 7-Eleven store. As she got out of her car, defendant and a Mexican woman approached and asked for a ride. Anderson, who had never seen defendant before, said “no” and tried to lock the car. Defendant put his hands over her mouth and shoved her back into the car. He threatened to “stick”…