People v. Ramirez CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. Defendant Ramirez’s convictions stemmed from an incident that occurred the day after he broke up with his girlfriend, Reyna Duarte. On November 30, 2012, as Duarte was walking home from work, Ramirez forced her into his car and threatened to kill them both by crashing. He drove wildly at more than 100 miles per hour on the 10 freeway and then slammed his car into a guardrail without braking. Duarte survived the collision.

CONTENTION

Ramirez was improperly convicted of both kidnapping and false imprisonment by violence for the same conduct.

DISCUSSION

Ramirez contends, and the Attorney General concedes, that he was improperly convicted of both kidnapping and false imprisonment for the same conduct. Multiple convictions may not be based on necessarily included offenses. (People v. Montoya (2004) 33 Cal.4th 1031, 1034.) “In most cases ‘this court has . . . affirmed multiple convictions for a single act or indivisible course of conduct,’ leaving it to the sentencing court to determine whether to stay execution of sentence…