Rodriguez

Defendant Juan Rodriguez (hereinafter Juan) appeals after he was charged with and convicted of kidnapping (Pen. Code, § 207; all further statutory references are to this code) and discharging a firearm at an inhabited dwelling (§ 246) while personally using a firearm (§§ 12022.5, 1203.06, subd. (a)(1)). He was sentenced to the lower term of three years with the firearm use enhancement stayed. Defendant Barbara Rodriguez (hereinafter Barbara) appeals after he was charged with and convicted of kidnapping (§ 207), for which he received probation and county jail time. Defendants raise five issues on appeal: (1) as Spanish-speaking defendants, they were improperly denied full-time assistance of an interpreter; (2) the evidence supported at most the lesser included offense of false imprisonment, but not kidnapping; (3) the evidence was insufficient to support Juan’s section 246 conviction; (4) the trial court improperly excluded evidence regarding Juan’s intent; and (5) the trial court had discretion to grant probation to Juan. We will affirm.

Around 2 a.m. on September 10, 1982, Maria de la Luz Michael and her husband returned home after leaving a bar. Defendant Juan followed…