Franco

*424 Opinion

Appellant Ronald Franco was initially charged with false imprisonment (Pen. Code, § 236), 1 assault with a deadly weapon other than a firearm (a cane and chair) with force likely to produce great bodily injury (§ 245, subd. (a)(1)), kidnapping (§ 207, subd. (a)), and contempt of court, a misdemeanor (§ 166, subd. (4)). It was alleged that in the commission of the false imprisonment and kidnapping counts appellant personally used a deadly and dangerous weapon (§ 12022, subd. (b)), and that in the commission of these two counts and the assault charge, appellant inflicted great bodily injury (§ 12022.7).

Appellant entered pleas of not guilty and not guilty by reason of insanity. The kidnapping charge was dismissed upon appellant’s section 995 motion. Appellant waived trial by jury. After court trial, the trial judge found defendant guilty of false imprisonment and assault with a deadly weapon. The court further found the enhancements alleged as to these charges to be true. The court found appellant not guilty of the misdemeanor charge. The court further found appellant was sane at the time of the commission of these offenses. Appellant was sentenced to state prison for…