Islas

People v. Islas

Good Law
147 Cal. Rptr. 3d 872·2012 Cal. App. LEXIS 1087·210 Cal. App. 4th 116
Court of Appeal of CaliforniaOctober 18, 2012No. B233087California5,472 words

Opinion

Lead Opinion

Klein, J.

Eraste Islas and Pablo Alexander Giron appeal the judgments entered following their conviction by jury of first degree burglary with a person present and five counts of false imprisonment by violence or menace, a felony. (Pen. Code, §§ 459, 667.5, subd. (c)(21), 236, 237, subd. (b).) 1 The *119 jury found each offense had been committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1). The trial court sentenced Islas and Giron to state prison for burglary and imposed concurrent terms on the false imprisonment counts.

Islas and Giron contend the convictions of felony false imprisonment must be reduced to misdemeanors because the evidence does not establish violence or menace. As a result, the burglary convictions, which were based on entry with the intent to commit felony false imprisonment, must be reversed or reduced to trespass. They also contend the concurrent terms imposed on the false imprisonment counts should have been stayed.

We reject the attack on the sufficiency of the evidence to support the convictions of felony false imprisonment. The evidence indicated Islas, Giron and numerous other gang members were…

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