People v. Grohs CA1/2

Filed 6/21/16 P. v. Grohs CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A141282

v. RALPH GROHS, (Contra Costa County Super. Ct. No. 11596758) Defendant and Appellant.

Defendant Ralph Grohs was charged with one count of attempted kidnapping of a child under 14 years of age, but convicted by a jury of a single misdemeanor count of attempted false imprisonment, a lesser included offense. It was undisputed that defendant was intoxicated on the day of the alleged crime, and that he was an alcoholic. The jury was instructed that it could consider defendant’s voluntary intoxication only in connection with whether he acted with intent to kidnap. On appeal, defendant argues this was prejudicial error…