People v. Maxwell

Opinion

POTTER, Acting P. J.

Defendant Terry Fernando Maxwell appeals from a judgment of conviction of false imprisonment (Pen. Code, § 236) as a lesser included offense of kidnaping (Pen. Code, § 207), 1 following a court trial. Defendant’s conviction was based upon evidence consisting chiefly of the testimony of the victim, Melinda Renee Russell, elicited at the preliminary hearing held on February 3, 1978.

Russell’s testimony on direct examination revealed the following chronology of events: On December 8, 1977, at approximately 10:30 p.m., Russell drove into the driveway of her home in…