Medina

Defendant Juan Abundio Medina was charged with kidnapping during a carjacking (count I, Pen. Code, § 209.5), carjacking (count II, § 215), robbery (count III, § 211), and assault likely to produce great bodily injury (count IV, § 245, subd. (a)(1)); it was also alleged that defendant was armed with a firearm (§ 12022, subd. (a)) and personally used a deadly weapon (§ 12022, subd. (b)), a knife, in counts I, II and III. Defendant was acquitted in count I and found guilty of counts II, III and IV. The jury found the enhancements to be not true. Defendant appeals, claiming the trial court erred in its instructions defining the element of immediate presence with regard to the crime of carjacking, the evidence was insufficient to support the carjacking conviction, and the trial court’s calculation of conduct credits was erroneous. We affirm.

Facts

During the afternoon of January 18, 1994, Luis Larios was tuning up a car. He took the car out and drove it to see how it was working.

Larios stopped at an intersection; defendant approached the car and said “hi.” Defendant then grabbed Larios by the neck and got into the car. Defendant held an object, which Larios testified felt…