Daly

James Scott Daly was involved in a crime spree that included kidnapping, two separate robberies, and a shootout with the police. A jury trial led to convictions of kidnapping (count 1), robbery (counts 2 and 3), attempted premeditated murder (counts 5, 7-9), unpremeditated attempted murder (count 4), and assault with a firearm on a police officer (count 6). Additionally, the firearm allegation as to each count was found true and Daly admitted the alleged serious felony prior following the jury verdict. Daly appeals, claiming the trial court abused its discretion in denying his request to sever the attempted murder counts from the robbery counts; insufficiency of evidence to support the kidnapping conviction; assault with a firearm on a police officer is not a lesser included offense of the charge of attempted murder; and that the court prejudicially erred in failing to give CALJIC instruction No. 2.72 regarding admissions. We agree with Daly as to the kidnapping charge which we will modify to attempted kidnapping. We reject Daly’s remaining claims of prejudicial error and affirm.

Statement of Facts

The offenses involved in this case were committed on four separate…