Delacerda

A jury convicted defendant Sean Paul Delacerda of simple kidnapping (Pen. Code, § 207, subd. (a); all further undesignated statutory references are to this code), false imprisonment (§§ 236, 237, subd. (a)), assault with a firearm (§ 245, subd. (a)(2)), and domestic violence battery (§ 243, subd. (e)(1)), and found true allegations that in committing those crimes he personally used a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (b)). The court sentenced defendant to a term of 13 years in prison.

Defendant claims the kidnapping conviction must be reversed because the false imprisonment, assault with a firearm, and domestic violence battery are “associated crimes” as that phrase was used in People v. Martinez (1999) 20 Cal.4th 225 [ 83 Cal.Rptr.2d 533 , 973 P.2d 512 ] (Martinez), and the court erroneously failed to instruct the jury to consider whether the movement of the victim was merely incidental to the commission of those crimes. He also claims the evidence of movement is insufficient to support the kidnapping conviction.

We conclude the false imprisonment is not an associated crime as a matter of law, and the assault with a firearm is not an associated crime as a…