People v. Howard CA2/7

INTRODUCTION

Defendant Arthur Rodgers Howard appeals from a judgment of conviction entered after a jury trial. Howard was charged in a second amended information with one count of attempted kidnapping of B.C., a 13-year-old girl, with a special allegation the victim was under the age of 14 years (Pen. Code,1 §§ 207, subd. (a), 664; count 1), and one count of failure to register as a sex offender upon release from incarceration (§ 290.015, subd. (a); count 3).2 The information also alleged Howard suffered two prior serious or violent felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and had previously served six separate prior prison terms (§ 667.5, subd. (b)). The trial court granted Howard’s motion to sever the failure to register count from the attempted kidnapping count and to bifurcate trial on the prior conviction allegations. The jury found Howard not guilty of attempted kidnapping, but convicted him of the lesser included offense of felony false imprisonment, in violation of section 237. Howard pleaded no contest to the failure to register charge, and admitted the prior convictions. On appeal, Howard…