Hendrix

A jury found the defendant, Henry Lee Hendrix, guilty of simple assault (Pen. Code, § 240), a lesser included offense of assault with intent to commit rape (§ 220), and felony false imprisonment by violence (§§ 236/237). The court found Hendrix had been convicted of two serious felonies within the meaning of section 667, subdivision (a) and sentenced him to the lower term of sixteen months for his conviction of false imprisonment with a one-year -unsecutive term for each prison prior, for a total of three years and four months. The court stayed its six-month sentence on the simple assault conviction pursuant to section 654. We conclude that Hendrix’s contention that his conviction of felony false imprisonment must be reversed because the trial court erred in failing to give a requested instruction on the lesser included offense of misdemeanor false imprisonment has merit. We therefore reverse the judgment on that count. In all other respects we affirm the judgment. We remand for further proceedings consistent with this opinion.

Factual and Procedural Background

At approximately 8:30 to 9 p.m. 23-year-old Bethany M. was walking to a friend’s house when she saw Hendrix…